(1) Any parent desiring to relinquish his or her child shall:
(a) Obtain counseling for himself or herself and the child to be relinquished as the court deems appropriate from the county department of human or social services in the county where the parent resides or from a licensed child placement agency, and, if the petitioner has not received the counseling required by the court, the petition must be continued until counseling is obtained, and the court shall refer the petitioner to counseling;
(b) (I) Petition the juvenile court upon a standardized form prescribed by the judicial department giving the following information: The name of both natural parents, if known; the name of the child, if named; the ages of all parties concerned; and the reasons for which relinquishment is desired.
(II) The petition shall be accompanied by a standardized affidavit of relinquishment counseling prescribed by the judicial department that includes:
(A) A statement indicating the nature and extent of counseling furnished to the petitioner, if any, and the recommendations of the counselor;
(B) A copy of the original birth certificate or a copy of the application therefor; and
(C) A statement disclosing any and all payments, gifts, assistance, goods, or services received, promised, or offered to the relinquishing parent in connection with the pregnancy, birth, or proposed relinquishment of the child and the source or sources of such payments, gifts, assistance, goods, or services.
(1.5) (a) Pursuant to article 1.2 of this title 19, the petition for relinquishment must:
(I) Include a statement indicating whether the child is an Indian child; and
(II) Include the identity of the Indian child's tribe, if the child is identified as an Indian child.
(b) If notices were sent to the Indian child's parent or Indian custodian and to the Indian child's tribe pursuant to article 1.2 of this title 19, the postal receipts must be attached to the petition and filed with the court or filed within fourteen days after the filing of the petition, as specified in article 1.2 of this title 19.
(2) The counseling specified in subsection (1)(a) of this section and provided by the department or the child placement agency shall include, but not be limited to, the following:
(a) Information to the relinquishing parent concerning the permanence of the decision and the impact of such decision on the relinquishing parent now and in the future;
(b) Information concerning each parent's complete medical and social histories;
(c) In the case of pregnancy, referral of the woman for medical care and for determination of eligibility for medical assistance;
(d) Information concerning alternatives to relinquishment and referral to private and public resources that may meet the parent's needs;
(e) Relinquishment services necessary to protect the interests and welfare of a child born in a state institution;
(f) Information to the child's parent that if he or she applies for public assistance for himself or herself and the child, he or she must cooperate with the child support enforcement unit for the establishment and enforcement of a child support order; and
(g) The confidentiality of all information, except for nonidentifying information as defined in section 19-1-103 that may be accessed pursuant to part 4 of this article 19, obtained by the department and the child placement agency in the course of relinquishment counseling unless the parent provides written permission or a release of information is ordered by a court of competent jurisdiction and except for a copy of an original birth certificate that may be obtained by an adult adoptee, adult descendant of an adoptee, or a legal representative of the adoptee or descendant as authorized by section 19-5-305. The counseling must also include notice that a birth parent has the opportunity to file a written statement specifying that the birth parent's information remain confidential, an explanation of the rights and responsibilities of birth parents who disagree about consent as set forth in section 19-5-305, and notice that a birth parent has the opportunity to sign and submit a contact preference form and updated medical history statements to the state registrar as set forth in section 19-5-305 (1.5).
(2.5) In those cases in which a parent proposes to relinquish his or her parent-child legal relationship with respect to a child who is under one year of age pursuant to the expedited procedures set forth in section 19-5-103.5, the licensed child placement agency or the county department of human or social services assisting the relinquishing parent shall proceed with filing the petition and providing notice as set forth in section 19-5-103.5.
(3) Upon receipt of the petition for relinquishment, the court shall set the same for hearing on the condition that the requirements of subsection (1) of this section have been complied with by the petitioner.
(4) (a) Except as otherwise provided in section 19-5-103.5 (2)(d), the parent-child legal relationship of a parent shall not be terminated by relinquishment proceedings unless the parent joins in the petition.
(b) The relinquishing parent, child placement agency, and county department of human or social services shall provide the court any and all information described in section 19-1-103 (103) that is available to the relinquishing parent, agency, or county department.
(c) When a motion has been filed to terminate parental rights, a respondent parent with a pending dependency and neglect case brought pursuant to article 3 of this title 19 may pursue relinquishment pursuant to this article 5. Any relinquishment that occurs pursuant to this article 5 must be certified into the dependency and neglect case. In any case where a respondent parent has relinquished the parent's rights pursuant to this article 5, the juvenile court shall follow the procedures set forth in part 6 of article 3 of this title 19 to terminate any remaining respondent parent rights. When a motion has been filed to terminate parental rights pursuant to section 19-3-604, the caseworker shall, upon request by a parent and if services are available, refer the requesting parent to relinquishment counseling. The county shall make reasonable attempts to refer relinquishment services that are accessible to the parent.
(5) The court shall not issue an order of relinquishment until it is satisfied that the relinquishing parent and the child, if determined appropriate by the court, have been counseled pursuant to subsection (1) of this section and this subsection (5) and fully advised of the consequences of the parent's act. The court may order counseling for any age child to be relinquished if the court deems such counseling would be in the child's best interests. The court may order that a child younger than twelve years of age be prepared for relinquishment, termination of parental rights, or adoption.
(6) If the court finds after the hearing that it is in the best interests of the child that no relinquishment be granted, the court shall enter an order dismissing the action.
(7) (a) The court shall enter an order of relinquishment if the court finds after the hearing that:
(I) The relinquishing parent or parents and any child that the court directed into counseling have been counseled as provided in subsections (1) and (5) of this section; and
(II) The parent's decision to relinquish is knowing and voluntary and not the result of any threats, coercion, or undue influence or inducements; and
(III) The relinquishment would best serve the interests of the child to be relinquished.
(b) There shall be a rebuttable presumption that a relinquishment would not be in the child's best interests if the child is twelve years of age or older and objects to the relinquishment.
(8) If the court is not satisfied that the relinquishing parents and the child, if twelve years of age or older, have been offered proper and sufficient counsel and advice, it shall continue the matter for such time as the court deems necessary.
(9) (a) The court may appoint a guardian ad litem to protect the interests of the child if:
(I) The court finds that there is a conflict of interest between the child and the child's parents, guardian, or legal custodian;
(II) The court finds that such appointment would be in the best interests of the child; or
(III) The court determines that the child is twelve years of age or older and that the welfare of the child mandates such appointment. If counsel for youth is appointed pursuant to article 3 of this title 19, the counsel for youth is appointed pursuant to this section.
(b) Reasonable fees for guardians ad litem or counsel for youth appointed pursuant to this subsection (9) must be paid by the relinquishing parent or parents; except that, in the case of an indigent parent or parents, such fees must be paid as an expense of the state from annual appropriations to the office of the child's representative.
(10) The court may interview the child in chambers to ascertain the child's wishes as to the relinquishment proceedings. The court may permit counsel to be present at such an interview. The court shall cause a record of the interview to be made, and it shall be made a part of the record in the case.
(11) The court may seek the advice of professional personnel whether or not said personnel are employed on a regular basis by the court. Any advice given by professional persons shall be in writing and shall be made available by the court to attorneys of record, to the parties, and to any other expert witnesses upon request, but it shall be considered confidential for any other purposes, shall be sealed, and shall not be open to inspection except by consent of the court. Attorneys of record may call for the cross-examination of any professional persons consulted by the court.
(12) The provisions of this section, including but not limited to relinquishment counseling, notification, and the relinquishment hearing, shall apply in any case involving a child in Colorado or for whom Colorado is the home state as described in section 14-13-102 (7), C.R.S., including any case in which it is proposed that the child to be relinquished will be relinquished or adopted outside the state of Colorado.
(13) (a) (I) If a child was conceived as a result of an act that led to a parent's conviction for sexual assault or for a conviction of an act in which the underlying factual basis was sexual assault, the victim of the sexual assault or crime may file a petition in the juvenile court to prevent future contact with the parent who committed the sexual assault and to relinquish the parent-child legal relationship of the victim of the sexual assault or crime.
(II) A person who alleges that they are a victim of sexual assault and who alleges that a child was conceived as a result of a sexual assault of which a conviction did not occur may file a petition in the juvenile court to prevent future contact with the parent who allegedly committed the sexual assault and to relinquish the parent-child legal relationship of the alleged victim of the sexual assault.
(b) A parent who is a victim or who alleges that they are a victim as described in subsection (13)(a) of this section and who wants to relinquish the child who was conceived or is alleged to have been conceived as described in subsection (13)(a) of this section shall include with their petition for relinquishment documentation concerning the sexual assault or conception. The documentation may include:
(I) A court record documenting the conviction for sexual assault or conviction of an act in which the underlying factual basis was sexual assault;
(II) A police report concerning the sexual assault;
(III) Medical records, forensic exam results, or genetic testing results;
(IV) Records from a licensed mental health professional or victim's advocate; or
(V) A sworn affidavit from the petitioner that alleges the petitioner is a victim of sexual assault that resulted in the conception of the child to be relinquished.
(c) (I) If the petition for relinquishment includes documentation of a parent's conviction for sexual assault or for a conviction of an act in which the underlying factual basis was sexual assault and the child to be relinquished was conceived as a result of the crime, or if the court finds, based on a preponderance of the evidence, that the relinquishment petitioner is a victim of a sexual assault that resulted in the conception of the child to be relinquished, then notwithstanding any provision of this section to the contrary, the petitioner is exempt from, and the court shall not require the petitioner to:
(A) Satisfy any counseling requirements pursuant to this section; or
(B) Pay fees for guardians ad litem or counsel for youth pursuant to this section.
(II) If the petition for relinquishment includes documentation of a parent's conviction for sexual assault or for a conviction of an act in which the underlying factual basis was sexual assault and the child to be relinquished was conceived as a result of the crime, or if the court finds, based on a preponderance of the evidence, that the relinquishment petitioner is a victim of a sexual assault that resulted in the conception of the child to be relinquished, then notwithstanding any law to the contrary, if the court grants a final order of relinquishment, the court's final order of relinquishment must divest the relinquishing parent of all legal obligations they may have with respect to the child relinquished, including child support, at the time of relinquishment.
(d) A parent who is a party to a pending dependency and neglect case pursuant to article 3 of this title 19 may pursue relinquishment pursuant to this subsection (13) at any time during the dependency and neglect proceedings.
Source: L. 87: Entire title R&RE, p. 801, � 1, effective October 1. L. 92: (1)(b)(II) amended, p. 179, � 1, effective March 20. L. 97: Entire section amended, p. 1155, � 1, effective July 1. L. 2000: (2)(g) amended, p. 1373, � 6, effective July 1; (12) amended, p. 1538, � 6, effective July 1. L. 2002: (1.5) added, p. 787, � 8, effective May 30. L. 2003: (2.5) added, p. 872, � 2, effective July 1. L. 2005: (2)(g) amended, p. 992, � 4, effective July 1. L. 2007: (4)(a) amended, p. 115, � 5, effective July 1. L. 2012: (1.5)(b) amended, (SB 12-175), ch. 208, p. 875, � 135, effective July 1. L. 2014: (2)(g) amended, (SB 14-051), ch. 260, p. 1048, � 3, effective July 1. L. 2018: (1)(a), (2.5), and (4)(b) amended, (SB 18-092), ch. 38, p. 424, � 65, effective August 8. L. 2020: (4)(c) added, (HB 20-1104), ch. 50, p. 175, � 2, effective September 14. L. 2021: IP(2), (2)(g), and (4)(b) amended, (SB 21-059), ch. 136, p. 734, � 83, effective October 1. L. 2022: (9)(a)(I), (9)(a)(III), and (9)(b) amended, (HB 22-1038), ch. 92, p. 438, � 15, effective January 9, 2023. L. 2025: (13) added, (HB 25-1185), ch. 158, p. 634, � 2, effective August 6; IP(1.5)(a) and (1.5)(b) amended, (HB 25-1204), ch. 338, p. 1817, � 8, effective August 6.
Editor's note: 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 � 19-4-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration contained in the 2002 act enacting subsection (1.5), see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.
19-5-103.5. Expedited relinquishment procedure - children under one year of age - other birth parents - notice - termination. (1) (a) Notwithstanding the provisions of section 19-5-103 to the contrary, a parent desiring to relinquish his or her child may seek an expedited order terminating his or her parent-child legal relationship without the necessity of a court hearing if:
(I) The child is under one year of age, at the time of filing the petition;
(II) The relinquishing parent is being assisted by a licensed child placement agency or the county department of human or social services in the county where such parent resides;
(III) The requirements of section 19-5-103 (1) have been met; and
(IV) The parent signs an affidavit stating his or her desire to voluntarily relinquish his or her parent-child legal relationship with the child and consenting to a waiver of his or her right to contest a termination of parentage.
(b) (I) The affidavit required to be signed by the parent seeking to relinquish his or her parental rights pursuant to this section must advise the relinquishing parent of the consequences of the relinquishment decision and must further advise the relinquishing parent that he or she is still required to obtain the relinquishment counseling described in section 19-5-103 (1)(a) and (2). The relinquishing parent must be advised of the opportunity to seek independent counseling. The affidavit must also advise the relinquishing parent that he or she may withdraw the affidavit anytime after signing it but before the affidavit and petition are filed with the court. The relinquishing parent may sign the affidavit before the birth of the child. The relinquishing birth parent may withdraw the affidavit from the child placement agency or county department of human or social services in the county where the parent resides any time after signing it but before the affidavit and petition are filed with the court.
(II) The affidavit shall include the following:
(A) A statement that the petitioner has completed the relinquishment counseling required in section 19-5-103 (1) and (2) or understands he or she must complete the counseling prior to entry of the order of termination;
(B) A statement that the child to be relinquished is under one year of age at the time of filing the petition;
(C) A statement that the relinquishing parent's decision is knowing and voluntary and not the result of threats, coercion, or undue influence or inducements; and
(D) A statement that the relinquishing parent believes the relinquishment is in the best interests of the child.
(III) The relinquishing parent's signature on the affidavit must be witnessed by two witnesses, one of whom is either a representative of the licensed child placement agency with which the relinquishing parent has contracted or a representative of the county department of human or social services in the county where the parent resides, whichever is assisting the parent. The other witness must not be associated with either the licensed child placement agency or the county department of human or social services in the county where the parent resides, whichever is assisting the parent, and must not be the potential adoptive parent of the child to be relinquished.
(IV) The affidavit shall be notarized and shall be attached to the petition for relinquishment and filed with the court after the birth of the child. The petition for relinquishment may not be filed until at least four days after the birth of the child.
(c) If the birth parent has signed the affidavit described in this subsection (1) and if it is properly witnessed and notarized and attached to the petition, the court may vacate the hearing required pursuant to section 19-5-103 (3) and, upon making the findings set forth in section 19-5-103 (7)(a), shall enter an order of relinquishment, without a hearing, no more than seven business days after the date of the filing of the petition for relinquishment and the accompanying affidavit.
(2) (a) Notwithstanding the provisions of section 19-5-105 to the contrary, in those cases in which a parent seeks to relinquish his or her parent-child legal relationship with a child pursuant to this section, the licensed child placement agency or the county department of human or social services assisting the relinquishing parent shall proceed with filing the petition for termination of the other birth parent's or possible birth parents' parent-child legal relationship and notify pursuant to this section the other birth parent or possible birth parents identified pursuant to section 19-5-105 (2).
(b) Notice of the proceeding pursuant to this section shall be given to every person identified as the other birth parent or a possible birth parent in the manner appropriate under the Colorado rules of juvenile procedure for the service of process or in any manner the court directs; except that notice shall not be required to be given to a person who has received notice pursuant to section 19-5-103.7 if the person waives the right to contest a termination of parental rights and waives the right to further notice concerning the expedited relinquishment or if the person fails to reply as required pursuant to section 19-5-103.7. The notice shall inform the parent or alleged parent whose rights are to be determined that failure to file an answer or to appear within twenty-one days after service and, in the case of an alleged father, failure to file a claim of paternity under article 4 of this title within twenty-one days after service, if a claim has not previously been filed, may likely result in termination of the parent's or the alleged parent's parental rights to the child. The notice shall also inform the parent or alleged parent whose rights are to be determined that the person has the right to waive his or her right to appear and contest and that failure to appear and contest may likely result in termination of the parent's or the alleged parent's parental rights to the child. Proof of giving the notice shall be filed with the court before the petition is heard or otherwise acted upon. If no person has been identified as the birth parent, the court shall order that notice be provided to all possible birth parents by publication or public posting of the notice at times and in the places and manner the court deems appropriate.
(c) The other birth parent or possible birth parents may sign the affidavit of voluntary relinquishment described in subsection (1) of this section. Such birth parent may sign the affidavit prior to the birth of the child. If the other birth parent or possible birth parent signs an affidavit of voluntary relinquishment, he or she may withdraw the affidavit from the child placement agency or the county department of human or social services assisting the relinquishing parent any time after signing it but before the affidavit and petition are filed with the court.
(d) (I) The court shall vacate the proceeding and, at the time of the review of the case pursuant to paragraph (c) of subsection (1) of this section, enter an order terminating the parent-child legal relationship of the other birth parent or possible birth parent if the other birth parent or possible birth parent:
(A) Has waived his or her right to contest the termination of parental rights; or
(B) Has failed to appear and contest or to file an answer to the petition for termination or to file a paternity action within the prescribed twenty-one days following the date of the service, publication, or posting of the notice as provided in the notice pursuant to paragraph (b) of this subsection (2); or
(C) Has signed the affidavit of voluntary relinquishment described in subsection (1) of this section; or
(D) Has waived his or her right to notice and right to contest the termination of parental rights pursuant to section 19-5-103.7.
(II) If the provisions of subparagraph (I) of this paragraph (d) do not apply and the other birth parent or possible birth parent expresses his or her desire to appear and contest the termination of the parent-child legal relationship, the court shall proceed with a hearing on the petition for termination of the other birth parent's parent-child legal relationship.
(3) The licensed child placement agency or the county department of human or social services assisting the relinquishing parent shall not submit the documents referenced in subsections (1) and (2) of this section for judicial review unless a permanent placement for the child has been identified.
(4) The court shall not be bound to enter an order terminating a parent-child legal relationship upon the affidavit of the relinquishing parent pursuant to subsection (1) of this section and the court shall not be bound to enter an order terminating a parent-child legal relationship of the other birth parent or possible birth parents pursuant to subsection (2) of this section, but the court may, upon its own motion, require that a formal hearing be held to determine any or all issues presented by the pleadings.
Source: L. 2003: Entire section added, p. 869, � 1, effective July 1. L. 2004: (2)(a) amended, p. 263, � 1, effective April 5. L. 2005: (2)(b) and (2)(d) amended, p. 101, � 2, effective July 1. L. 2007: (2)(a) and (2)(d)(II) amended, p. 114, � 4, effective July 1. L. 2012: (2)(b) and (2)(d)(I)(B) amended, (SB 12-175), ch. 208, p. 875, � 136, effective July 1. L. 2018: (1)(a)(II), (1)(b)(I), (1)(b)(III), (2)(a), (2)(c), and (3) amended, (SB 18-092), ch. 38, p. 425, � 66, effective August 8.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
19-5-103.7. Anticipated expedited relinquishment - children under one year of age - notice to other or possible parent - administrative procedures. (1) Notwithstanding any provision of section 19-5-103 to the contrary, a licensed child placement agency assisting a parent who plans to relinquish a child through an expedited relinquishment pursuant to section 19-5-103.5, may provide notice of the anticipated expedited relinquishment on behalf of the relinquishing parent to any other birth parent or possible birth parent identified pursuant to section 19-5-105 (2) who is not a presumed parent pursuant to section 19-4-105 (1).
(2) The licensed child placement agency may give notice of the anticipated expedited relinquishment prior to or after the filing of the affidavit and petition with the court, but not more than sixty-three days prior to the anticipated birth of the child to be relinquished.
(3) (a) Notice to the other birth parent or possible birth parent given pursuant to this section shall be provided:
(I) By publication appearing in a newspaper of general circulation in the county of the person's last-known address, if the person's identity is known, or the county in which the relinquishing parent reports the conception to have occurred. Notice by publication is only proper if a person has not been identified as the other birth parent or possible birth parent or the location of the other birth parent or possible birth parent has not been determined after diligent efforts.
(II) In person, delivered:
(A) In a manner appropriate under the Colorado rules of juvenile procedure for the service of process; or
(B) By an employee or a representative of the licensed child placement agency assisting the relinquishing parent, with a requirement that the other birth parent or possible birth parent sign a statement acknowledging receipt of the notice; or
(III) By certified mail to only the other birth parent or possible birth parent, return receipt requested, with return receipt providing prima facie evidence of service.
(b) The date of notice shall be considered either the date on which the notice is delivered pursuant to subparagraph (II) of paragraph (a) of this subsection (3) or the date on the return receipt for notice given by certified mail pursuant to subparagraph (III) of paragraph (a) of this subsection (3), whichever is applicable. If notice is provided by publication, the date of notice shall be the date of the first day of publication.
(4) (a) Notice of the anticipated expedited relinquishment given pursuant to this section shall include the name, mailing address, and physical address of the licensed child placement agency providing the notice and shall inform the other birth parent or possible birth parent of the following:
(I) The name of the parent of the child who anticipates seeking to relinquish his or her parental rights for purposes of the child's adoption and the anticipated date of birth or the actual date of birth of the child;
(II) That the other birth parent or possible birth parent has been identified by the parent who anticipates seeking to relinquish his or her parental rights as potentially being the other birth parent of the child, or, if no other birth parent or possible birth parent has been identified, that the parent who anticipates seeking to relinquish his or her parental rights is unable to identify the other birth parent or possible birth parent;
(III) That placing a child for adoption requires termination of the child's parent-child legal relationships;
(IV) That the other birth parent or possible birth parent has a right to contest the termination of parental rights; and
(V) That failure to declare an intent to contest the termination of parental rights may likely result in a termination of the person's parental rights to the child, and that, to declare an intent to contest the termination of the parent-child legal relationship, the other birth parent or possible birth parent shall:
(A) No later than twenty-one days after the date of notice pursuant to paragraph (b) of subsection (3) of this section or before a relinquishment petition is filed with the court, whichever occurs later, either return a reply form to the licensed child placement agency by certified mail, return receipt requested, or personally appear at the licensed child placement agency to declare an intent to contest the termination of parental rights; and
(B) No later than twenty-one days after the date of notice pursuant to paragraph (b) of subsection (3) of this section or before a relinquishment petition is filed with the court, whichever occurs later, file a claim of paternity pursuant to article 4 of this title and notify the licensed child placement agency pursuant to section 19-4-105.5 (4);
(VI) That the other birth parent or possible birth parent may waive the right to contest the termination of parental rights and that waiver may likely result in a termination of the person's parental rights to the child; and
(VII) That further notice related to the anticipated expedited relinquishment proceedings shall not be provided to the other birth parent or possible birth parent without receipt of a response required by subparagraph (V) of this paragraph (a).
(b) (I) Except when notice is provided by publication, the licensed child placement agency assisting the relinquishing parent with an expedited relinquishment shall send or deliver a reply form described in sub-subparagraph (A) of subparagraph (V) of paragraph (a) of this subsection (4) to the other birth parent or possible birth parent at the same time and by the same method as the delivery of notice given pursuant to subsection (3) of this section. The reply form sent pursuant to this paragraph (b), or otherwise available at the licensed child placement agency pursuant to paragraph (b) of subsection (7) of this section, shall be signed by the other birth parent or possible birth parent, witnessed, and dated, and shall require the other birth parent or possible birth parent to disclose the following information to the licensed child placement agency:
(A) The full name of the other birth parent or possible birth parent;
(B) The name of the relinquishing parent and the anticipated date of birth or the actual date of birth of the child to be relinquished, as listed on the notice;
(C) The other birth parent's or possible birth parent's address;
(D) The case number of the pending action filed, if any, by the other birth parent or the possible birth parent for determination of the parent-child legal relationship pertaining to the child to be relinquished; and
(E) If a case concerning the determination of the parent-child legal relationship pertaining to the child to be relinquished has been filed, a copy of any court orders issued regarding the other birth parent's or possible birth parent's parent-child legal relationship.
(II) In addition to the requirements of subparagraph (I) of this paragraph (b), the reply form sent or delivered pursuant to this paragraph (b), or otherwise available at the licensed child placement agency pursuant to paragraph (b) of subsection (7) of this section, shall provide response options for selection by the other birth parent or the possible birth parent replying to the notice, which response options shall be substantially similar to the following:
(A) That the person replying to the notice acknowledges that there may be a parent-child legal relationship, declares an intent to contest the termination of parental rights, and declares an intent to seek to have the court make this determination;
(B) That the person replying to the notice acknowledges that there may be a parent-child legal relationship, waives the right to contest a termination of parental rights, and waives the right to further notice concerning the expedited relinquishment and the termination of parental rights with respect to the child; and
(C) That the person replying to the notice does not acknowledge that there may be a parent-child legal relationship, waives the right to contest a termination of parental rights, and waives the right to further notice concerning the expedited relinquishment and the termination of parental rights with respect to the child.
(III) In addition to the requirements of subparagraphs (I) and (II) of this paragraph (b), the reply form sent or delivered pursuant to this paragraph (b), or otherwise available at the licensed child placement agency pursuant to paragraph (b) of subsection (7) of this section, shall include a statement of acknowledgment by the other birth parent or possible birth parent that there is a requirement to file a claim of paternity and to notify the licensed child placement agency pursuant to section 19-4-105.5 (4) no later than twenty days after the date of notice or before a relinquishment petition is filed with the court, whichever occurs later.
(5) To properly reply and declare an intent to contest the termination of the parent-child legal relationship pursuant to this section, the other birth parent or possible birth parent shall, no later than twenty days after receiving notice pursuant to subsection (3) of this section or before a relinquishment petition is filed with the court, whichever occurs later:
(a) Return a reply form to the licensed child placement agency by certified mail, return receipt requested, or, for other birth parents or possible birth parents who receive notice by publication or who otherwise decide not to return the reply form by certified mail, personally appear at the licensed child placement agency to declare an intent to contest the termination of parental rights in the anticipated proceedings; and
(b) File a claim of paternity pursuant to article 4 of this title and notify the licensed child placement agency pursuant to section 19-4-105.5 (4).
(6) The other birth parent or possible birth parent who is served with notice pursuant to subsection (3) of this section and fails to reply as required in subsection (5) of this section irrevocably waives the right to further notice of proceedings related to the anticipated expedited relinquishment and irrevocably waives the right to appear and contest the termination of his or her parental rights, unless the other birth parent or possible birth parent proves, by clear and convincing evidence, the following:
(a) That it was not possible for the other birth parent or possible birth parent to properly reply and declare an intent to contest the termination of the parent-child legal relationship pursuant to the requirements of subsection (5) of this section; and
(b) That the other birth parent or possible birth parent did properly reply and declare an intent to contest the termination of the parent-child legal relationship pursuant to the requirements of subsection (5) of this section within twenty days after it became possible for the other birth parent or possible birth parent to do so.
(7) (a) If the other birth parent or possible birth parent replies to the notice provided pursuant to subsection (3) of this section by returning the reply form via certified mail to the licensed child placement agency that sent the notice, the licensed child placement agency shall accept and file the original reply form with the court upon filing the petition for relinquishment or upon receipt of the reply form, whichever occurs later. The date of the reply shall be then noted on the return receipt.
(b) If the other birth parent or possible birth parent replies to the notice provided pursuant to subsection (3) of this section by appearing in person at the licensed child placement agency to declare his or her response, the licensed child placement agency shall provide a reply form for the other birth parent or the possible birth parent to complete and sign. An agency or social services employee shall sign the form as a witness. The licensed child placement agency shall accept the completed, signed reply form, provide a copy of the form to the other birth parent or the possible birth parent, and file the original with the court upon filing the petition for relinquishment or upon receipt of the completed reply form, whichever occurs later. The date of the reply shall be the date on which the other birth parent or the possible birth parent signs the reply.
(c) (I) Notwithstanding any provision of this section to the contrary, if the other birth parent or possible birth parent replies to notice provided by publication pursuant to subsection (3) of this section by contacting the licensed child placement agency in a manner other than is specified in paragraph (b) of this subsection (7), and the other birth parent or possible birth parent provides his or her full name and address, the licensed child placement agency shall:
(A) Within seven days after the contact, and by certified mail, return receipt requested, send a reply form to the other birth parent or possible birth parent with a written statement informing the person that the date he or she contacted the licensed child placement agency in response to the notice received shall be considered his or her date of reply if he or she returns the form no later than fourteen days after the date noted on the return receipt, and that, if he or she returns the form more than fourteen days after the date noted on the return receipt, the date the licensed child placement agency actually receives the reply form shall be considered his or her reply date; and
(B) Maintain a dated record to submit to the court of all communications made related to this paragraph (c).
(II) The date of reply provided in the manner described in this paragraph (c) shall be the date the other birth parent or possible birth parent contacts the licensed child placement agency in response to the notice received if he or she returns the form no later than fourteen days after the date noted on the return receipt of the form. If the other birth parent or possible birth parent returns the form more than fourteen days after the date noted on the return receipt, the date the reply is received by the licensed child placement agency shall be considered the reply date.
(d) Notwithstanding any provision of this section to the contrary, if the other birth parent or possible birth parent files a claim of paternity pursuant to article 4 of this title and provides notice to the licensed child placement agency pursuant to section 19-4-105.5, then such claim and notice shall be deemed to satisfy the requirements of subsection (5) of this section, so long as the claim of paternity is filed and notice is provided to the licensed child placement agency no later than twenty-one days after receiving notice pursuant to subsection (3) of this section or before a relinquishment petition is filed with the court.
(e) The other birth parent or possible birth parent who replies to a licensed child placement agency pursuant to this subsection (7) shall notify the agency of any change in his or her address.
(f) (I) Notwithstanding any provision of this section to the contrary, the licensed child placement agency shall respond as specified in subparagraph (II) of this paragraph (f) and shall not have the duty to respond as required in paragraph (a), (b), or (c) of this subsection (7) or to file any further documentation of a respondent's reply if, before the respondent replies to the notice as described in paragraph (a), (b), or (c) of this subsection (7), all of the following have occurred:
(A) The relinquishment petition has been filed with the court;
(B) At least twenty-one days have passed since the notice was provided; and
(C) The licensed child placement agency has filed the affidavit of administrative notice described in subsection (8) of this section with the court.
(II) If the requirements specified in subparagraph (I) of this paragraph (f) have been met before the respondent replies to the notice as described in paragraph (a), (b), or (c) of this subsection (7), the licensed child placement agency shall provide the respondent, to the extent of the agency's knowledge, with the following information:
(A) Verification that the petitions and affidavit have been filed;
(B) The court in which the case was filed;
(C) The case number; and
(D) Whether the court has ordered the termination of the respondent's parental rights.
(8) A licensed child placement agency that provides notice of the anticipated expedited relinquishment on behalf of the relinquishing parent to the other birth parent or possible birth parent pursuant to the provisions of this section shall have the duty to file with the court the following information at the time it files the petition for relinquishment:
(a) An affidavit of administrative notice with respect to the other birth parent or possible birth parent who has received notice pursuant to subsection (3) of this section, including the following information, if available:
(I) The method of providing notice;
(II) The date of notice;
(III) The deadline for reply;
(IV) The date of the reply;
(V) The intent declared in the reply;
(VI) A statement indicating whether an action relating to the parent and child legal relationship was filed;
(VII) A statement indicating whether the person's reply was timely; and
(VIII) A statement indicating that the expedited relinquishment was filed pursuant to section 19-5-103.5.
(b) In addition to the affidavit of administrative notice filed with the court pursuant to paragraph (a) of this subsection (8), the licensed child placement agency shall file all available evidence supporting the affidavit, including but not limited to signed return receipts, completed reply forms, affidavits of service of process, evidence of publication, evidence of the filing of an action relating to the parent and child legal relationship, and any other records of pertinent communication with the possible birth parent or other birth parent.
(9) Nothing in this section shall be construed to require a parent who plans to relinquish a child through an expedited relinquishment pursuant to section 19-5-103.5 to file the expedited relinquishment.
(10) Nothing in this section shall be construed to authorize the filing of a petition and affidavit of relinquishment prior to the birth of a child.
Source: L. 2005: Entire section added, p. 95, � 1, effective July 1. L. 2007: (3)(a)(II) amended and (7)(f) added, pp. 114, 113, �� 3, 2, effective July 1. L. 2012: (2), (4)(a)(V), (7)(c)(I)(A), (7)(c)(II), (7)(d), and (7)(f)(I)(B) amended, (SB 12-175), ch. 208, p. 875, � 137, effective July 1.