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Colorado Statutes, Title 19

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Title 19, Children's Code

0 chapters · 471 sections in this title.

All chapters in Title 19471 Ch 2.5152 Ch 375 Ch 151 Ch 546 Ch 434 Ch 1.232 Ch 726 Ch 5.520 Ch 4.514 Ch 3.312 Ch 68 Ch 3.11

46 sections·Filtered byTitle 19✕Ch 5✕

Colo. Rev. Stat. § 19-5-100.2 Legislative declaration
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(1) The general assembly hereby finds that parental relinquishment and adoption of children are important and necessary options to facilitate the permanent placement of minor children if the birth parents are unable or unwilling to provide proper parental care. The general assemb…
Colo. Rev. Stat. § 19-5-100.5 Applicability of article
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Except where indicated otherwise, each provision of this article pertaining to relinquishment or adoption shall apply only to child welfare adoptions and not to private adoptions. Source: L. 2010: Entire section added, (HB 10-1106), ch. 278, p. 1273, § 4, effective May 26.
Colo. Rev. Stat. § 19-5-101 Termination of the parent-child legal relationship
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(1) The juvenile court may, upon petition, terminate the parent-child legal relationship between a parent or parents, or a possible parent or parents, and a child in proceedings pursuant to: (a) Section 19-1-104 (1)(d); (a.5) Section 19-5-103.5 (2)(d); (b) Section 19-5-105; (c) S…
Colo. Rev. Stat. § 19-5-102 Venue

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(1) A petition for relinquishment of the parent-child relationship shall be filed in the county where the child resides or in the county where the petitioner resides. If a child placement agency is involved, the petition may be filed in the county where the child placement agency…

Colo. Rev. Stat. § 19-5-102.5 Relinquishment hearings - court docket priority

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(1) On and after July 1, 2002, any hearing concerning a petition for relinquishment filed in a district court, the Colorado court of appeals, or the Colorado supreme court shall be given a priority on the court's docket. On and after July 1, 2002, if there is no determination on …

Colo. Rev. Stat. § 19-5-103 Relinquishment procedure - petition - hearings

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(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 licen…

Colo. Rev. Stat. § 19-5-103.5 Expedited relinquishment procedure - children under one year of age - other birth parents - notice - termination

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(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 …

Colo. Rev. Stat. § 19-5-103.7 Anticipated expedited relinquishment - children under one year of age - notice to other or possible parent - administrative procedures

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(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 relinqui…

Colo. Rev. Stat. § 19-5-104 Final order of relinquishment

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(1) If the court terminates the parent-child legal relationship of both parents or of the only living parent, the court, after taking into account the religious background of the child, shall order guardianship of the person and legal custody transferred to: (a) The county depart…

Colo. Rev. Stat. § 19-5-105 Proceeding to terminate parent-child legal relationship

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(1) If one parent relinquishes or proposes to relinquish or consents to the adoption of a child, the agency or person having custody of the child shall file a petition in the juvenile court to terminate the parent-child legal relationship of the other parent, unless the other par…

Colo. Rev. Stat. § 19-5-105.5 Termination of parent-child legal relationship upon a finding that the child was conceived as a result of sexual assault - legislative declaration - definitions

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(1) The general assembly hereby declares that the purpose of this statute is to protect the victim of a sexual assault and to protect the child conceived as a result of that sexual assault by creating a process to seek termination of the parental rights of the perpetrator of the …

Colo. Rev. Stat. § 19-5-105.7 Termination of parent-child legal relationship in a case of an allegation that a child was conceived as a result of sexual assault but in which no conviction occurred - legislative declaration - definitions

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(1) The general assembly hereby declares that the purpose of this statute is to protect a person in a case where it is determined that he or she is a victim of sexual assault but in which no conviction occurred and to protect a child conceived as a result of that sexual assault b…

Colo. Rev. Stat. § 19-5-108 When notice of relinquishment proceedings required

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If the custodial parent has assigned rights to support for a child who is the subject of relinquishment proceedings to the department of human services, notice of the relinquishment proceedings shall be given, by the parent proposing to relinquish a child or by that parent's coun…

Colo. Rev. Stat. § 19-5-109 Birth parent access to records related to relinquishment of parental rights

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(1) (a) Except for relinquishments ordered pursuant to section 19-5-105.5 (6.6) or 19-5-105.7 (9) or when the subsequent termination of the parent-child legal relationship is the result of a dependency and neglect action, in those cases in which a parent consents to the relinquis…

Colo. Rev. Stat. § 19-5-200.2 Legislative declaration

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(1) Notwithstanding any other provisions of this title to the contrary, it is the intent of the general assembly that the court shall protect and promote the best interests of the children who are the subjects of proceedings held pursuant to this part 2 while giving due regard to…

Colo. Rev. Stat. § 19-5-201 Who may be adopted

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Any child legally available for adoption as provided in section 19-5-203, under eighteen years of age, and either present in the state at the time the petition for adoption is filed or under the jurisdiction of a court in Colorado for at least six months may be adopted. Upon appr…

Colo. Rev. Stat. § 19-5-202 Who may adopt

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(1) Any person twenty-one years of age or older, including a foster parent, may petition the court to decree an adoption. (2) A minor, upon approval of the court, may petition the court to decree an adoption. (3) A person having a living spouse from whom he is not legally separat…

Colo. Rev. Stat. § 19-5-202.5 Adoption hearings - termination appeals - court docket priority - exceptions

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(1) On and after July 1, 2002, any hearing concerning a petition for adoption filed in a district court, the Colorado court of appeals, or the Colorado supreme court and any hearing concerning a petition filed in the Colorado court of appeals or the Colorado supreme court related…

Colo. Rev. Stat. § 19-5-203 Availability for adoption

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(1) A child may be available for adoption only upon: (a) Order of the court terminating the parent-child legal relationship in a proceeding brought under article 3 or 5 of this title; (b) Order of the court decreeing the voluntary relinquishment of the parent-child legal relation…

Colo. Rev. Stat. § 19-5-203.5 Confirmatory adoption - short title - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Court" means a district or juvenile court that has jurisdiction over the adoption. (b) "Petitioner" means the person or persons filing a petition for adoption in accordance with this section. (2) (a) Wheneve…

Colo. Rev. Stat. § 19-5-204 Venue

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A petition for adoption shall be filed in the county of residence of the petitioner or in the county in which the placement agency is located. Source: L. 87: Entire title R&RE, p. 806, § 1, effective October 1.

Colo. Rev. Stat. § 19-5-205 Adoption decree of foreign country approved

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(1) (a) A petition seeking a decree declaring valid an adoption granted by a court of any country other than the United States of America may be filed at any time by residents of the state of Colorado. (b) The petition shall contain all information required in section 19-5-207 (2…

Colo. Rev. Stat. § 19-5-205.5 Nonpublic agency interstate and foreign adoptions - authority for state department to select agencies - legislative declaration

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(1) The general assembly finds that timely processing of adoptions is in the best interests of the children being adopted. It is therefore the intent of the general assembly to expedite permanency for those children who are being adopted. It is the purpose of this section to prom…

Colo. Rev. Stat. § 19-5-206 Placement for purposes of adoption

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(1) A placement of any child legally available for adoption pursuant to section 19-5-203 (1)(a), (1)(b), (1)(c), or (1)(g) must not be made for the purposes of adoption except by the court pursuant to section 19-5-104 (2), the county department of human or social services, or a l…

Colo. Rev. Stat. § 19-5-207 Written consent and home study report for public adoptions - fingerprint-based criminal history record checks - investigation - rules

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(1) When a child is placed for adoption by the county department of human or social services, a licensed child placement agency, or an individual, the department, agency, or individual shall file, with the petition to adopt, its written and verified consent to such adoption in ad…

Colo. Rev. Stat. § 19-5-207.3 Placement of sibling groups

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(1) When a child is placed for adoption by the county department, if the child is part of a sibling group, as defined in section 19-1-103, the county department shall include in the adoption report prepared for the court the names and current physical custody and location of any …

Colo. Rev. Stat. § 19-5-207.5 Legislative declaration - standardized home studies - adoptive family resource registry - rules

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(1) Legislative declaration. (a) (I) The general assembly finds that there are a growing number of children in the legal custody of the county departments of human or social services who are the victims of physical or sexual abuse, neglect, or abandonment and who are awaiting per…

Colo. Rev. Stat. § 19-5-208 Petition for adoption - open adoption - post-adoption contact agreement

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(1) The petition for adoption shall be filed not later than thirty-five days after the date on which the child is first placed in the home of the adoptive applicants for the purpose of adoption unless the court finds that there was reasonable cause or excusable neglect for not fi…

Colo. Rev. Stat. § 19-5-209 Petition - written home study reports

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(1) Except for stepparent adoptions, kinship adoptions, custodial adoptions, and those cases in which placement for adoption has been made by the court, if a petition for the adoption of a child is not accompanied by the written consent and home study report of the qualified coun…

Colo. Rev. Stat. § 19-5-210 Hearing on petition

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(1) A hearing on the petition for adoption shall be held on the date set or the date to which the matter has been regularly continued. (1.5) Except in stepparent, second parent, custodial, or kinship adoptions, the court shall issue a certificate of approval of placement, placing…

Colo. Rev. Stat. § 19-5-211 Legal effects of final decree

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(1) After the entry of a final decree of adoption, the person adopted is, for all intents and purposes, the child of the petitioner. He or she is entitled to all the rights and privileges and is subject to all the obligations of a child born to the petitioner. (1.5) An employer w…

Colo. Rev. Stat. § 19-5-212 Copies of order of adoption - to whom given

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(1) If the court enters an order of adoption, certified copies shall be given to the adopting parents, the person or agency consenting to the adoption, and the state registrar. (2) The court or the adopting parents or their legal representative shall send to the state registrar a…

Colo. Rev. Stat. § 19-5-213 Compensation for placing child prohibited

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(1) (a) No person shall offer, give, charge, or receive any money or other consideration or thing of value in connection with the relinquishment and adoption, except attorney fees and such other charges and fees as may be approved by the court. (b) No person, other than an adopti…

Colo. Rev. Stat. § 19-5-213.5 Unauthorized advertising for adoption purposes - exceptions - penalty - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Advertise through a public medium" means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television or by computerized com…

Colo. Rev. Stat. § 19-5-214 Limitation on annulment of adoption - best interests standard

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(1) No final decree of adoption shall be attacked by reason of any jurisdictional or procedural defect after the expiration of ninety-one days following the entry of the final decree; except that, in cases of stepparent adoption, no final decree of adoption shall be attacked by r…

Colo. Rev. Stat. § 19-5-216 Increased access for adoption - study

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(1) (a) The state department shall examine and evaluate the process of adoptive placements of children in the legal custody of the county departments of human or social services and identify those aspects of the process that may be improved to achieve the ultimate goal of permane…

Colo. Rev. Stat. § 19-5-217 Enforcement or termination of post-adoption contact agreement

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(1) If the decree of adoption contains a post-adoption contact agreement pursuant to section 19-5-208 (4.5), the court retains jurisdiction after the decree of adoption is entered to hear motions to enforce or terminate the contact agreement, or to enter stipulated agreements of …

Colo. Rev. Stat. § 19-5-301 Legislative declaration

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(1) The general assembly hereby finds and declares that adult adoptees, adoptive parents, biological parents, and biological siblings should have a right of access to certain records regarding their or their child's adoption or the adoption of their offspring or siblings as outli…

Colo. Rev. Stat. § 19-5-303 Commission created - duties

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(1) There is created in the department the adoption intermediary commission, referred to in this section as the "commission", which consists of thirteen members. The commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs the duties an…

Colo. Rev. Stat. § 19-5-304 Confidential intermediaries - confidential intermediary services

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(1) (a) Any person who has completed a confidential intermediary training program that meets the standards set forth by the commission shall be responsible for notifying the commission that his or her name should be included on the list of confidential intermediaries to be mainta…

Colo. Rev. Stat. § 19-5-305 Access to adoption records - contact with parties to adoption - contact preference form and updated medical history statement - definitions

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(1) Confidentiality. All adoption records are confidential from the general public and must remain confidential except as described in subsections (1.5) and (2) of this section or upon demonstration of good cause pursuant to section 19-1-309 or as otherwise provided by law. (1.5)…

Colo. Rev. Stat. § 19-5-305.5 Access to personal records relating to a former ward of the state home for dependent and neglected children - other eligible parties - definitions

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(1) As used in this section: (a) "Eligible party" means: (I) A former ward, regardless of adoption status; (II) A spouse of a former ward; (III) An adult descendant of a former ward; (IV) An adult sibling or half-sibling of a former ward; or (V) The legal representative of any in…

Colo. Rev. Stat. § 19-5-306 Public information campaign

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The executive directors of the department of human services and the department of public health and environment, or such executive directors' designees, shall work together to design and implement efforts within existing appropriations to assist in informing the public about the …

Colo. Rev. Stat. § 19-5-307 Child placement agency - transfer of records

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If a child placement agency terminates its child placement activities, prior to termination of services, the child placement agency shall microfilm or preserve with state-of-the-art record storage methods as prescribed by the department of human services any relevant files on ado…

Colo. Rev. Stat. § 19-5-402 Access to nonidentifying information

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Any adult adoptee or any adoptive parent may request nonidentifying information about the adoptee or the birth parents of the adoptee from the department. The department shall provide directly to the inquiring adult adoptee or adoptive parent or to the qualified agency selected p…

Colo. Rev. Stat. § 19-5-403 Authority for department to select agencies

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The department is authorized to select private, licensed child placement agencies authorized to handle adoptions for the disclosure of nonidentifying information pursuant to this part 4. The department shall, by rule, establish qualifying criteria by which the licensed child plac…