As used in this title 19 or in the specified portion of this
title 19, unless the context otherwise requires:
(1) (a) Abuse or child abuse or neglect, as used in part 3 of article 3 of
this title 19, means an act or omission in one of the following categories that
threatens the health or welfare of a child:
(I) Any case in which a child exhibits evidence of skin bruising, bleeding,
malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft
tissue swelling, or death and either: Such condition or death is not justifiably
explained, the history given concerning such condition is at variance with the
degree or type of such condition or death, or the circumstances indicate that such
condition may not be the product of an accidental occurrence;
(II) Any case in which a child is subjected to unlawful sexual behavior as
defined in section 16-22-102 (9);
(III) Any case in which a child is in need of services because the child's
parent, legal guardian, or custodian fails to take the same actions to provide
adequate food, clothing, shelter, medical care, or supervision that a prudent parent
would take. The requirements of this subsection (1)(a)(III) are subject to the
provisions of section 19-3-103.
(IV) Any case in which a child is subjected to emotional abuse. As used in this
subsection (1)(a)(IV), emotional abuse means an identifiable and substantial
impairment of the child's intellectual or psychological functioning or development
or a substantial risk of impairment of the child's intellectual or psychological
functioning or development.
(V) Any act or omission described in section 19-3-102 (1)(a), (1)(b), or (1)(c);
(VI) Any case in which, in the presence of a child, or on the premises where a
child is found, or where a child resides, a controlled substance, as defined in section
18-18-102 (5), is manufactured or attempted to be manufactured;
(VII) Any case in which a child is born affected by alcohol or substance
exposure, except when taken as prescribed or recommended and monitored by a
licensed health-care provider, and the newborn child's health or welfare is
threatened by substance use;
(VIII) Any case in which a child is subjected to human trafficking of a minor
for involuntary servitude, as described in section 18-3-503, or human trafficking of
a minor for sexual servitude, as described in section 18-3-504 (2).
(b) In all cases, those investigating reports of child abuse shall take into
account accepted child-rearing practices of the culture in which the child
participates, including but not limited to accepted work-related practices of
agricultural communities. Nothing in this subsection (1) refers to acts that could be
construed to be a reasonable exercise of parental discipline or to acts reasonably
necessary to subdue a child being taken into custody pursuant to section 19-2.5-209 that are performed by a peace officer, as described in section 16-2.5-101, acting
in the good-faith performance of the officer's duties.
(2) Adjudication has the same meaning as set forth in section 19-2.5-102.
(3) Adjudicatory hearing means a hearing to determine whether the
allegations of a petition in dependency and neglect are supported by the evidence.
(4) Adjudicatory trial means a trial to determine whether the allegations of
a petition in delinquency are supported by the evidence.
(5) Administrative review means a review conducted by the department of
human services that is open to the participation of the parents of the child and
conducted by an administrative reviewer who is not responsible for the case
management of, or the delivery of services to, either the child or the parents who
are the subject of the review.
(6) Adoptee, as used in part 3 of article 5 of this title 19, means a person
who, as a minor, was adopted pursuant to a final decree of adoption entered by a
court.
(7) (a) Adoption record, as used in part 3 of article 5 of this title 19, with the
exception of section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents
and information:
(I) The adoptee's original birth certificate and amended birth certificate;
(II) The final decree of adoption;
(III) Nonidentifying information, as defined in subsection (103) of this section;
(IV) The final order of relinquishment; and
(V) The order of termination of parental rights.
(b) Adoption record, as used in section 19-5-305 (2)(b)(I) to (2)(b)(IV), means
the following documents and information, without redaction:
(I) The adoptee's original birth certificate and amended birth certificate;
(II) The final decree of adoption;
(III) Any identifying information, such as the name of the adoptee before
placement in adoption; the name and address of each birth parent as they appear in
the birth records; the name, address, and contact information of the adult adoptee;
and the current name, address, and contact information of each birth parent, if
known, or other information that might personally identify a birth parent;
(IV) Any nonidentifying information, as defined in subsection (103) of this
section;
(V) The final order of relinquishment; and
(VI) The order of termination of parental rights.
(c) Adoption record, as used in either subsection (7)(a) or (7)(b) of this
section, must not include pre-relinquishment counseling records, which must
remain confidential.
(8) Adoption triad means the three parties involved in an adoption: The
adoptee, the birth parent, and the adoptive parent.
(9) Adoptive parent, as used in parts 3 and 4 of article 5 of this title 19,
means an adult who has become a parent of a minor through the legal process of
adoption.
(10) Adult means a person eighteen years of age or older; except that any
person eighteen years of age or older who is under the continuing jurisdiction of the
court, who is before the court for an alleged delinquent act committed prior to the
person's eighteenth birthday, or concerning whom a petition has been filed for the
person's adoption other than pursuant to this title 19 must be referred to as a
juvenile.
(11) Adult adoptee, as used in parts 3 and 4 of article 5 of this title 19,
means an individual who is eighteen years of age or older and who, as a minor, was
adopted pursuant to a final decree of adoption entered by a court.
(12) Appropriate treatment plan, as used in section 19-3-508 (1)(e), means a
treatment plan approved by the court that is reasonably calculated to render the
particular respondent fit to provide adequate parenting to the child within a
reasonable time and that relates to the child's needs.
(13) Assessment center for children, as used in part 3 of this article 1,
means a multi-disciplinary, community-based center that provides services to
children and their families, including, but not limited to, detention, screening, case
management, and therapeutic intervention relating to delinquency, abuse or
neglect, family conflict, and truancy.
(14) Basic identification information, as used in article 2.5 of this title 19,
means the name, place and date of birth, last-known address, social security
number, occupation and address of employment, last school attended, physical
description, photograph, handwritten signature, sex, fingerprints, and any known
aliases of any person.
(15) Biological parent or birth parent, as used in part 3 of article 5 of this
title 19, means a parent, by birth, of an adopted person.
(16) Biological sibling, as used in part 3 of article 5 of this title 19, means a
sibling, by birth, of an adopted person. Biological sibling, as used in part 3 of
article 5 of this title 19, for purposes of the definition of sibling group, as defined in
subsection (127) of this section, means a brother, sister, or half-sibling of a child
who is being placed in foster care or being placed for adoption.
(17) Birth parents, as used in part 4 of article 5 of this title 19, means
genetic, biological, or natural parents whose rights were voluntarily or involuntarily
terminated by a court or otherwise. Birth parents includes a man who is the parent
of a child as established in accordance with the provisions of the Uniform
Parentage Act, article 4 of this title 19, prior to the termination of parental rights.
(18) Repealed.
(19) Case management purposes means assessments, evaluations,
treatment, education, proper disposition or placement of the child, interagency
coordination, and other services that are incidental to the administration of the
program and in the best interests of the child.
(20) Chief justice, as used in part 3 of article 5 of this title 19, means the
chief justice of the Colorado supreme court.
(21) Child means a person under eighteen years of age.
(22) Repealed.
(23) Child advocacy center, as used in part 3 of article 3 of this title 19,
means a center that provides a comprehensive multidisciplinary team response to
allegations of child abuse or neglect in a dedicated, child-friendly setting. The team
response to allegations of child abuse or neglect includes but is not limited to
technical assistance for forensic interviews, forensic medical examinations, mental
health and related support services, consultation, training, and education.
(24) Child care center means a child care center licensed and approved
pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5. If the
facility is located in another state, the department of human services or the
department of early childhood, as appropriate, shall designate, upon certification,
that an appropriate available space does not exist in a child care facility in this
state, and the facility must be licensed or approved as required by law in that state.
(25) Child placement agency means an agency licensed or approved
pursuant to law. If such agency is located in another state, it must be licensed or
approved as required by law in that state.
(26) Child protection team, as used in part 3 of article 3 of this title 19,
means a multidisciplinary team consisting, where possible, of a physician; a
representative of the juvenile court or the district court with juvenile jurisdiction; a
representative of a local law enforcement agency; a representative of the county
department of human or social services; a representative of a mental health clinic; a
representative of a county, district, or municipal public health agency; an attorney;
a representative of a public school district; and one or more representatives of the
lay community, at least one of whom must be a person who serves as a foster
parent in the county. Each public agency may have more than one participating
member on the team; except that, in voting on procedural or policy matters, each
public agency has only one vote. In no event must an attorney member of the child
protection team be appointed as guardian ad litem or counsel for youth for the child
or youth or as counsel for the parents at any subsequent court proceedings. The
child protection team must never be composed of fewer than three persons. When
any racial, ethnic, or linguistic minority group constitutes a significant portion of the
population of the jurisdiction of the child protection team, a member of each such
minority group must serve as an additional lay member of the child protection team.
At least one of the preceding members of the team must be chosen on the basis of
representing low-income families. The role of the child protection team is advisory
only.
(27) Repealed.
(28) Commercial sexual exploitation of a child means a crime of a sexual
nature committed against a child for financial or other economic reasons.
(29) Commit, as used in article 2.5 of this title 19, means to transfer legal
custody.
(30) Community placement means the placement of a child for whom the
department of human services or a county department has placement and care
responsibility pursuant to article 2.5 or 3 of this title 19 in any licensed or certified
twenty-four-hour nonsecure care and treatment facility away from the child's
parent or guardian. Community placement includes but is not limited to
placement in a foster care home, group home, residential child care facility, or
residential treatment facility.
(31) Complainant, as used in section 19-3-211, means any person who was
the subject of an investigation of a report of child abuse or neglect or any parent,
guardian, or legal custodian of a child who is the subject of a report of child abuse
or neglect and brings a grievance against a county department of human or social
services in accordance with the provisions of section 19-3-211.
(32) Confidential intermediary, as used in part 3 of article 5 of this title 19,
means a person twenty-one years of age or older who has completed a training
program for confidential intermediaries that meets the standards set forth by the
commission pursuant to section 19-5-303 and who is authorized to inspect
confidential relinquishment and adoption records at the request of an adult
adoptee, adoptive parent, biological parent, or biological sibling.
(33) Confirmed, as used in part 3 of article 3 of this title 19, means any
report made pursuant to article 3 of this title 19 that is found by a county
department of human or social services, law enforcement agency, or entity
authorized to investigate institutional abuse to be supported by a preponderance of
the evidence.
(34) Consent, as used in part 3 of article 5 of this title 19, means voluntary,
informed, written consent. When used in the context of confidential intermediaries,
consent always must be preceded by an explanation that consent permits the
confidential intermediary to arrange a personal contact among biological relatives.
Consent may also mean the agreement for contact or disclosure of records by any
of the parties identified in section 19-5-304 (2) as a result of an inquiry by a
confidential intermediary pursuant to section 19-5-304.
(35) Consent form, as used in section 19-5-305 (3), means a verified
written statement signed by an adult adoptee or an adult adoptee's consenting
birth parent or an adoptive parent of a minor adoptee, and notarized, and that
authorizes the release of adoption records or identifying information, to the extent
available, by a licensed child placement agency.
(36) Contact information means information supplied voluntarily by a birth
parent on a contact preference form, including the name of the birth parent at the
time of relinquishment of the adoptee; the alias, if any, used at the time of
relinquishment of the adoptee; and the current name, current address, and current
telephone number of the birth parent.
(37) Contact preference form means a written statement signed by a birth
parent indicating whether the birth parent prefers future contact with an adult
adoptee, an adult descendant of the adoptee, or a legal representative of the
adoptee or the descendant and, if contact is preferred, whether the contact should
be through a confidential intermediary or a designated employee of a child
placement agency.
(38) Continuously available, as used in section 19-3-308 (4), means the
assignment of a person to be near an operable telephone not necessarily located on
the premises ordinarily used for business by the county department of human or
social services or to have such arrangements made through agreements with local
law enforcement agencies.
(39) Convicted or conviction, as used in section 19-5-105.5, means a plea
of guilty accepted by the court, including a plea of guilty entered pursuant to a
deferred sentence pursuant to section 18-1.3-102, a verdict of guilty by a judge or
jury, or a plea of no contest accepted by the court, or having received a disposition
as a juvenile or having been adjudicated a juvenile delinquent based on the
commission of any act that constitutes sexual assault, as defined in subsection
(124) of this section.
(40) Cost of care means the cost to the department of human services or
the county department of human or social services for a child placed out of the
home; or the cost to the department of human services or the county department of
human or social services charged with the custody of the juvenile for providing
room, board, clothing, education, medical care, and other normal living expenses for
a child placed out of the home; or the cost to the department of human services or
the county department of human or social services for a juvenile sentenced to a
placement out of the home as determined by the court. As used in this title 19, cost
of care also includes any costs associated with maintenance of a juvenile in a
home detention program, supervision of probation when the juvenile is granted
probation, or supervision of parole when the juvenile is placed on parole.
(41) Counsel means an attorney-at-law who acts as a person's legal advisor
or who represents a person in court.
(41.5) Counsel for youth means an attorney-at-law who provides
specialized client-directed legal representation for a child or youth and who owes
the same duties, including undivided loyalty, confidentiality, and competent
representation, to the child or youth as is due an adult client. Counsel for youth
does not mean defense counsel for a juvenile pursuant to article 2.5 of this title 19.
(42) County attorney means the office of the county attorney or city
attorney representing a county or a city and county and includes the attorneys
employed or retained by such county or city and county.
(43) (a) County department, as used in this article 1; part 2, part 3, and part
7 of article 3 of this title 19; part 2 of article 5 of this title 19; and part 3 of article 7
of this title 19, means the county or district department of human or social services.
(b) County department means a county or a city and county department of
human or social services.
(44) County director, as used in section 19-3-211 and part 3 of article 3 of
this title 19, means the county director or district director appointed pursuant to
section 26-1-117.
(45) Court, as used in part 3 of article 5 of this title 19, means any court of
record with jurisdiction over the matter at issue.
(46) Court-appointed special advocate or CASA volunteer means a
volunteer appointed by a court pursuant to part 2 of this article 1 to assist in
advocacy for children.
(47) Court-appointed special advocate program or CASA program means
a program established pursuant to part 2 of this article 1.
(48) Criminal justice agency, as used in this section, has the same meaning
as set forth in section 24-72-302 (3).
(49) Custodial adoption, as used in part 2 of article 5 of this title 19, means
an adoption of a child by any person and the person's spouse, as required pursuant
to section 19-5-202 (3), who:
(a) Has been awarded custody or allocated parental responsibilities by a
court of law in a dissolution of marriage, custody or allocation of parental
responsibilities proceeding, or has been awarded guardianship of the child by a
court of law in a probate action, such as pursuant to part 2 of article 14 of title 15;
and
(b) Has had physical custody of the child for a period of one year or more.
(50) Custodian means a person who has been providing shelter, food,
clothing, and other care for a child in the same fashion as a parent would, whether
or not by order of court.
(51) (a) (I) Custodian of records, as used in sections 19-5-305 (2) and 19-5-305.5, means any of the following individuals or entities that have custody of
records relating to the relinquishment or adoption of a child:
(A) A court;
(B) A state agency; or
(C) The legal agent or representative of any entity described in subsections
(51)(a)(I)(A) and (51)(a)(I)(B) of this section.
(II) Custodian of records, as used in sections 19-5-305 (2) and 19-5-305.5,
does not include a licensed child placement agency.
(b) Custodian of records, as used in section 19-5-109, means an entity that
has custody of records relating to the relinquishment of a child, including a court,
state agency, licensed child placement agency, maternity home, or the legal agent
or representative of any such entity.
(52) Delinquent act, as used in article 2.5 of this title 19, means a violation
of any statute, ordinance, or order enumerated in section 19-2.5-103. If a juvenile is
alleged to have committed or is found guilty of a delinquent act, the classification
and degree of the offense is determined by the statute, ordinance, or order that the
petition alleges was violated. Delinquent act does not include truancy or habitual
truancy.
(53) Department or state department means the state department of
human services created in section 24-1-120.
(53.5) Dependent on the court means a youth is under the juvenile court's
jurisdiction; the youth was at any time adjudicated dependent or neglected, as
described in section 19-3-102, or that the court has found sufficient evidence that
the youth has been subjected to child abuse or neglect, as defined in subsection (1)
of this section; and the youth is in need of oversight and supportive services as
determined by the court.
(54) Designated adoption means an adoption in which:
(a) The birth parent or parents designate a specific applicant with whom they
wish to place their child for purposes of adoption; and
(b) The anonymity requirements of section 19-1-309 are waived.
(55) Detention means the temporary care of a child who requires secure
custody in physically restricting facilities pending court disposition or an execution
of a court order for placement or commitment. The placement of a juvenile in a
state-owned psychiatric residential treatment facility, as defined in section 26-6-903, is not considered detention.
(55.5) Diminished capacity means a child or youth who lacks sufficient
capacity to communicate or make considered decisions adequately in connection
with the child's or youth's legal representation. Age or developmental maturity
must not be the sole basis for a determination of diminished capacity.
(56) Director, as used in article 2.5 of this title 19, is defined in section 19-2.5-102.
(57) Disability has the same meaning as set forth in the federal Americans
with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related
amendments and implementing regulations.
(58) Dispositional hearing means a hearing to determine what order of
disposition should be made concerning a child who is neglected or dependent. The
hearing may be part of the proceeding that includes the adjudicatory hearing, or it
may be held at a time subsequent to the adjudicatory hearing.
(59) Diversion has the same meaning as set forth in section 19-2.5-102.
(60) Division of youth services or division means the division of youth
services, created in section 19-2.5-1501.
(61) Donor, as used in article 4 of this title 19, means an individual who
produces eggs or sperm used for an assisted reproductive procedure, whether or
not for consideration. Donor does not include an intended parent pursuant to
section 19-4-106 (1) or (5) or section 19-4.5-109 or a spouse or civil union partner
who provides reproductive tissue to be used for an assisted reproductive procedure
by the other spouse or civil union partner.
(61.5) Effective communication has the same meaning as set forth in the
federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as
amended, and its related amendments and implementing regulations.
(62) Executive director, as used in article 3.3 of this title 19 and part 3 of
article 7 of this title 19, means the executive director of the department of human
services.
(63) Expungement, as used in section 19-1-306, means the designation of
juvenile delinquency records whereby such records are deemed never to have
existed.
(64) Family child care home means a family child care home licensed and
approved pursuant to part 3 of article 5 of title 26.5. If the facility is located in
another state, the department of early childhood shall designate, upon certification,
that an appropriate available space does not exist in a facility in this state. An out-of-state family child care home must be licensed or approved as required by law in
that state.
(64.5) Family time means any form of contact or engagement between
parents, legal custodians, guardians, siblings, and children or youth for the
purposes of preserving and strengthening family ties.
(65) Fire investigator means a person who:
(a) Is an officer or member of a fire department, fire protection district, or
firefighting agency of the state or any of its political subdivisions;
(b) Is engaged in conducting or is present for the purpose of engaging in the
conduct of a fire investigation; and
(c) Is either a volunteer or is compensated for services rendered by the
person.
(66) Foster care means the placement of a child or youth into the legal
custody or legal authority of a county department of human or social services for
physical placement of the child or youth in a kinship care placement; supervised
independent living placement, as defined in section 19-7-302; or certified or
licensed facility, or the physical placement of a juvenile committed to the custody
of the state department of human services into a community placement.
(67) Foster care home means a foster care home certified pursuant to part
9 of article 6 of title 26.
(68) Foster care prevention services means mental health and substance
abuse prevention and treatment services, in-home parent skill-based programs,
kinship navigator programs, and other programs eligible for reimbursement under
the federal Family First Prevention Services Act that are trauma-informed,
promising, supported or well-supported, and provided to prevent foster care
placement.
(69) Governing body, as used in section 19-3-211, means the board of
county commissioners of a county or the city council of a city and county.
(70) (a) Grandparent means a person who is the parent of a child's father or
mother, who is related to the child by blood, in whole or by half, adoption, or
marriage.
(b) Repealed.
(71) Repealed.
(72) Grievance, as used in section 19-3-211, means a dispute between a
complainant and a county department of human or social services concerning the
conduct of county department personnel in performing their duties pursuant to
article 3 of this title 19.
(73) Group care facilities and homes means places other than foster family
care homes providing care for small groups of children. Group care facilities and
homes are licensed as provided in part 9 of article 6 of title 26 or meet the
requirements of section 25.5-10-214.
(74) Guardian ad litem means a person appointed by a court to act in the
best interests of a person whom the person appointed is representing in
proceedings pursuant to this title 19 and who, if appointed to represent a person in
a dependency and neglect proceeding pursuant to article 3 of this title 19, must be
an attorney-at-law licensed to practice in Colorado.
(75) Guardianship of the person means the duty and authority vested by
court action to make major decisions affecting a child, including but not limited to:
(a) The authority to consent to marriage, to enlistment in the armed forces,
and to medical or surgical treatment;
(b) The authority to represent a child in legal actions and to make other
decisions of substantial legal significance concerning the child;
(c) The authority to consent to the adoption of a child when the parent-child
legal relationship has been terminated by judicial decree; and
(d) The rights and responsibilities of legal custody when legal custody has
not been vested in another person, agency, or institution.
(76) Half-sibling has the same meaning as set forth for biological sibling
in subsection (16) of this section.
(77) Human trafficking of a minor for involuntary servitude means an act as
described in section 18-3-503.
(78) Human trafficking of a minor for sexual servitude means an act as
described in section 18-3-504 (2).
(79) Identifying means giving, sharing, or obtaining information.
(80) Identifying information, as used in section 19-5-305 (3), means copies
of any adoption records, as that term is defined in subsection (7) of this section, that
are in the possession of the child placement agency. Identifying information also
includes the name of the adoptee before placement in adoption; the name and
address of each consenting birth parent as they appear in the birth records; the
current name, address, and telephone number of the adult adoptee; and the current
name, address, and telephone number of each consenting birth parent to the extent
such information is available to the child placement agency.
(81) Imminent placement out of the home, as used in section 19-1-116 (2),
means that without intercession the child will be placed out of the home
immediately.
(82) Independent living means a form of placement out of the home
arranged and supervised by the county department of human or social services
where the child is established in a living situation designed to promote and lead to
the child's emancipation. Independent living must only follow some other form of
placement out of the home.
(83) Indian child has the same meaning as set forth in section 19-1.2-103.
(84) Indian child's tribe has the meaning determined pursuant to section
19-1.2-108.
(85) Indian tribe has the same meaning as set forth in section 19-1.2-103.
(86) Institutional abuse, as used in part 3 of article 3 of this title 19, means
any case of abuse, as defined in subsection (1) of this section, that occurs in any
public or private facility in the state that provides child care out of the home,
supervision, or maintenance. Institutional abuse includes an act or omission that
threatens the life, health, or welfare of a child or a person who is younger than
twenty-one years of age who is under the continuing jurisdiction of the court
pursuant to this title 19. Institutional abuse does not include abuse that occurs in
any public, private, or parochial school system, including any preschool operated in
connection with said system; except that, to the extent the school system provides
extended day services, abuse that occurs while such services are provided is
institutional abuse. As used in this subsection (86), facility means a residential
child care facility, specialized group facility, foster care home, or any other facility
licensed pursuant to part 9 of article 6 of title 26; family child care home licensed
pursuant to part 3 of article 5 of title 26.5; noncertified kinship care providers that
provide care for children with an open child welfare case who are in the legal
custody of a county department of human or social services; or a facility or
community placement, as described in section 19-2.5-1502, for a juvenile committed
to the custody of the department of human services. Facility does not include any
adult detention or correctional facility.
(87) Intrafamilial abuse, as used in part 3 of article 3 of this title 19, means
any case of abuse, as defined in subsection (1) of this section, that occurs within a
family context by a child's parent, stepparent, guardian, legal custodian, or relative;
by a spousal equivalent, as defined in subsection (130) of this section; or by any
other person who resides in the child's home or who is regularly in the child's home
for the purpose of exercising authority over or care for the child; except that
intrafamilial abuse does not include abuse by a person who is regularly in the
child's home for the purpose of rendering care for the child if such person is paid
for rendering care and is not related to the child.
(88) Juvenile means a child as defined in subsection (21) of this section.
(89) Juvenile court or court means the juvenile court of the city and
county of Denver or the juvenile division of the district court outside of the city and
county of Denver.
(90) Juvenile delinquent has the same meaning as set forth in section 19-2.5-102.
(91) Kin may be a relative of the child, a person ascribed by the family as
having a family-like relationship with the child, or a person who has a prior
significant relationship with the child. These relationships take into account cultural
values and continuity of significant relationships with the child.
(92) Kinship adoption, as used in part 2 of article 5 of this title 19, means an
adoption of a child by a relative of the child and such relative's spouse, as required
pursuant to section 19-5-202 (3), who:
(a) Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first
cousin; and
(b) Has had physical custody of the child for a period of one year or more and
the child is not the subject of a pending dependency and neglect proceeding
pursuant to article 3 of this title 19.
(92.5) Language access means services provided by a court, the state
department, a county department of human or social services, a city and county, or
a private-entity contractor in the person's primary language for a person with
limited English proficiency.
(93) Law enforcement officer means a peace officer, as described in
section 16-2.5-101.
(94) (a) Legal custody means the right to the care, custody, and control of
a child and the duty to provide food, clothing, shelter, ordinary medical care,
education, and discipline for a child and, in an emergency, to authorize surgery or
other extraordinary care. Legal custody may be taken from a parent only by court
action.
(b) For purposes of determining the residence of a child as provided in
section 22-1-102 (2)(b), guardianship is in the person to whom legal custody has
been granted by the court.
(95) (a) Legal representative, as used in sections 19-5-304 and 19-5-305,
means the person designated by a court to act on behalf of any person described in
section 19-5-304 (1)(b)(I) or 19-5-305 (2).
(b) For purposes of the term legal representative, as used in sections 19-5-304 and 19-5-305 and as defined in subsection (95)(a) of this section, legal
guardian does not include a governmental entity of any foreign country from which
a child has been adopted or any representative of such governmental entity.
(95.5) Limited English proficiency means the limited ability to speak, read,
write, or understand the English language for a person whose primary language is
not English.
(96) Local law enforcement agency, as used in part 3 of article 3 of this
title 19, means a police department in incorporated municipalities or the office of
the county sheriff.
(97) Locating means engaging in the process of searching for or seeking
out.
(98) Mental health professional means a person licensed to practice
medicine or psychology in this state or any person on the staff of a facility
designated by the executive director of the department of human services for
seventy-two-hour treatment and evaluation who is authorized by the facility to do
mental or behavioral health hospital placement prescreenings, as defined in section
19-2.5-102, and who is under the supervision of a person licensed to practice
medicine or psychology in this state.
(99) Need to know, as used in section 19-1-303, means agencies or
individuals who need access to certain information for the care, treatment,
supervision, or protection of a child.
(100) (a) Neglect, as used in part 3 of article 3 of this title 19, means acts
that can reasonably be construed to fall under the definition of child abuse or
neglect as defined in subsection (1) of this section.
(b) A child is not neglected when allowed to participate in independent
activities that a reasonable and prudent parent, guardian, or legal custodian would
consider safe given the child's maturity, condition, and abilities, including but not
limited to activities such as:
(I) Traveling to and from school, including walking, running, bicycling, or
other similar mode of travel;
(II) Traveling to and from nearby commercial or recreational facilities;
(III) Engaging in outdoor play; and
(IV) Remaining in a home or other location that a reasonable and prudent
parent, guardian, or legal custodian would consider safe for the child.
(101) Newborn child means a child who is less than seventy-two hours old.
(102) Noncertified kinship care means a child is being cared for by a
relative or kin who has a significant relationship with the child in circumstances
when there is a safety concern by a county department of human or social services
and where the relative or kin has not met the foster care certification requirements
for a kinship foster care home or has chosen not to pursue that certification
process.
(103) Nonidentifying information, as used in part 4 of article 5 of this title
19, means information that does not disclose the name, address, place of
employment, or any other material information that would lead to the identification
of the birth parents and that includes but is not limited to the following:
(a) The physical description of the birth parents;
(b) The educational background of the birth parents;
(c) The occupation of the birth parents;
(d) Genetic information about the birth family;
(e) Medical information about the adult adoptee's birth;
(f) Social information about the birth parents; and
(g) The placement history of the adoptee.
(104) Nonpublic agency interstate and foreign adoption, as used in section
19-5-205.5, means an interstate or foreign adoption that is handled by a private,
licensed child placement agency.
(105) (a) Parent means either a natural parent of a child, as may be
established pursuant to article 4 of this title 19, or a parent by adoption.
(b) Parent, as used in sections 19-1-114, 19-2.5-501, and 19-2.5-611, includes
a natural parent having sole or joint custody, regardless of whether the parent is
designated as the primary residential custodian, or a parent allocated parental
responsibilities with respect to a child, or an adoptive parent. For the purposes of
section 19-1-114, parent does not include a person whose parental rights have
been terminated pursuant to the provisions of this title 19 or the parent of an
emancipated minor.
(106) Permanency hearing means a hearing in which the permanency plan
for a child in foster care is determined by the court.
(107) Placement out of the home means placement for twenty-four-hour
residential care in any facility or center operated or licensed by the department of
human services, but placement out of the home does not include any placement
that is paid for totally by private money or any placement in a home for the
purposes of adoption in accordance with section 19-5-205. Placement out of the
home may be voluntary or court ordered. Placement out of the home includes
independent living.
(108) (a) Post-adoption record, as used in part 3 of article 5 of this title 19,
means information contained in the files subsequent to the completion of an
adoption proceeding.
(b) The post-adoption record may contain information concerning but not
limited to:
(I) The written inquiries from persons requesting access to records;
(II) The search efforts of the confidential intermediary;
(III) The response, if any, to those search efforts by the persons sought;
(IV) Any updated medical information gathered pursuant to part 3 of article
5 of this title 19; and
(V) Any personal identifying information concerning any persons subject to
part 3 of article 5 of this title 19.
(109) Repealed.
(110) Protective supervision means a legal status created by court order
under which the child is permitted to remain in the child's home or is placed with a
relative or other suitable person and supervision and assistance is provided by the
court, department of human services, or other agency designated by the court.
(111) Public adoption, as used in part 2 of article 5 of this title 19, means an
adoption involving a child who is in the legal custody and guardianship of the
county department of human or social services that has the right to consent to
adoption for that child.
(112) Qualified individual means a trained professional or licensed clinician,
as defined in the federal Family First Prevention Services Act. Qualified
individual must be approved to serve as a qualified individual according to the
state plan. Qualified individual must not be an interested party or participant in
the juvenile court proceeding and must be free of any personal or business
relationship that would cause a conflict of interest in evaluating the child, juvenile,
or youth and making recommendations concerning the child's, juvenile's, or youth's
placement and therapeutic needs according to the federal Title IV-E state plan or
any waiver in accordance with 42 U.S.C. sec. 675a.
(113) Qualified residential treatment program means a licensed and
accredited program that has a trauma-informed treatment model that is designed
to address the needs, including clinical needs, as appropriate, of children and youth
with serious emotional or behavioral disorders or disturbances in accordance with
the federal Family First Prevention Services Act, 42 U.S.C. sec. 672 (k)(4), and is
able to implement the treatment identified for the child or youth by the assessment
of the child required in section 19-1-115 (4)(e)(I).
(114) Reasonable efforts, as used in articles 1, 2.5, 3, and 7 of this title 19,
means the exercise of diligence and care throughout the state of Colorado for
children and youth who are in foster care or out-of-home placement or are at
imminent risk of foster care or out-of-home placement. In determining whether it is
appropriate to provide, purchase, or develop the supportive and rehabilitative
services that are required to prevent unnecessary placement of a child or youth
outside of a child's or youth's home or to foster the safe reunification of a child or
youth with a child's or youth's family, as described in section 19-3-208, or whether it
is appropriate to find and finalize an alternative permanent plan for a child or youth,
and in making reasonable efforts, the child's or youth's health and safety are the
paramount concern. Services provided by a county or city and county in accordance
with section 19-3-208 are deemed to meet the reasonable effort standard
described in this subsection (114). Nothing in this subsection (114) is construed to
conflict with federal law.
(115) Repealed.
(116) Record, as used in section 19-4-106 and section 19-4.5-108, means
information that is inscribed on a tangible medium or that is stored in an electronic
or other medium and is retrievable in perceivable form.
(117) Register of actions means those portions of the electronic case
management system necessary to carry out a statutory purpose or the duties of a
court appointment.
(118) Repeat juvenile offender is described in section 19-2.5-1125.
(119) Residual parental rights and responsibilities means those rights and
responsibilities remaining with the parent after legal custody, guardianship of the
person, or both, have been vested in another person, agency, or institution,
including but not limited to the responsibility for support, the right to consent to
adoption, the right to reasonable parenting time unless restricted by the court, and
the right to determine the child's religious affiliation.
(120) Responsible person, as used in part 3 of article 3 of this title 19,
means a child's parent, legal guardian, or custodian or any other person responsible
for the child's health and welfare.
(121) Restorative justice has the same meaning as set forth in section 19-2.5-102.
(122) Reunited parties, as used in section 19-5-305, means any two persons
who qualify as and meet any specified requirements for parties under the list of
individuals in section 19-5-304 (1)(b)(I).
(123) School, as used in sections 19-1-303 and 19-1-304, means a public or
parochial or other nonpublic school that provides a basic academic education in
compliance with school attendance laws for students in grades one to twelve.
Basic academic education has the same meaning as set forth in section 22-33-104
(2)(b).
(124) Sexual assault, as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means:
(a) Sexual assault, as defined in section 18-3-402;
(b) Sexual assault on a child, as defined in section 18-3-405;
(c) Sexual assault on a child by one in a position of trust, as defined in
section 18-3-405.3;
(d) Sexual assault on a client by a psychotherapist, as defined in section
18-3-405.5; or
(e) Unlawful sexual contact, as defined in section 18-3-404.
(125) Sexual conduct, as used in section 19-3-304 (2.5), means any of the
following:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex or between
humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation; or
(d) Sexual sadomasochistic abuse.
(126) Shelter means the temporary care of a child in physically
unrestricting facilities pending court disposition or execution of a court order for
placement.
(127) Sibling group, as used in articles 3 and 5 of this title 19, means
biological siblings.
(128) Special county attorney, as used in article 3 of this title 19, means an
attorney hired by a county attorney or city attorney of a city and county or hired by
a county department of human or social services with the concurrence of the
county attorney or city attorney of a city and county to prosecute dependency and
neglect cases.
(128.5) Special immigrant juvenile status findings includes:
(a) Declaring the child dependent or placing the child in the custody of an
individual, agency, or department as appointed by the court;
(b) Determining that reunification of the child with one or both parents is not
viable due to abuse, neglect, abandonment, or a similar basis found pursuant to
state law. For purposes of this section, abandonment includes, but is not limited
to, the death of one or both parents.
(c) Determining that it is not in the best interests of the child to be returned
to the child's or parents' previous country of nationality or country of last habitual
residence.
(129) Special respondent, as used in article 3 of this title 19, means any
person who is not a parent, guardian, or legal custodian and who is voluntarily or
involuntarily joined in a dependency or neglect proceeding for the limited purposes
of protective orders or inclusion in a treatment plan and for the grounds outlined in
sections 19-3-502 (6) and 19-3-503 (4).
(130) Spousal equivalent means a person who is in a family-type living
arrangement with a parent and who would be a stepparent if married to that parent.
(131) Standardized behavioral or mental health disorder screening means
the behavioral or mental health disorder screening conducted using the juvenile
standardized screening instruments and the procedures adopted pursuant to
section 16-11.9-102.
(132) State board, as used in part 3 of article 3 of this title 19, means the
state board of human services.
(133) State department, as used in section 19-3-211, part 3 of article 3 of
this title 19, article 3.3 of this title 19, and part 3 of article 7 of this title 19, means
the department of human services created in section 24-1-120.
(134) State registrar means the state registrar of vital statistics in the
department of public health and environment.
(135) Status offense has the same meaning as is defined in federal law in
28 CFR 31.304, as amended.
(136) Stepparent means a person who is married to a parent of a child but
who has not adopted the child.
(137) Temporary holding facility means an area used for the temporary
holding of a child from the time that the child is taken into temporary custody until
a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area
that houses adult offenders.
(138) Temporary shelter means the temporary placement of a child, as
described in section 19-3-403.5, with kin, as defined in subsection (91) of this
section; with an adult with a significant relationship with the child; or in a licensed
and certified twenty-four-hour care facility.
(139) Termination of the parent-child legal relationship, as used in articles
3 and 5 of this title 19, means the permanent elimination by court order of all
parental rights and duties, including residual parental rights and responsibilities, as
provided in section 19-3-608.
(140) Third-party abuse, as used in part 3 of article 3 of this title 19, means
a case in which a child is subjected to abuse, as defined in subsection (1) of this
section, by any person who is not a parent; stepparent; guardian; legal custodian;
spousal equivalent, as defined in subsection (130) of this section; or any other
person not included in the definition of intrafamilial abuse, as defined in
subsection (87) of this section.
(141) Trauma-informed refers to the services to be provided to or on behalf
of a child or youth under an organizational structure and treatment framework that
involves understanding, recognizing, and responding to the effects of all types of
trauma in accordance with recognized principles of a trauma-informed approach
and trauma-specific interventions to address trauma's consequences and facilitate
healing.
(142) Repealed.
(143) Updated medical history statement means a written narrative
statement dated and signed by a birth parent about the medical history of the birth
parent or other biological relatives of the adoptee that can be voluntarily submitted
by the birth parent to the state registrar for future disclosure to the birth parent's
adult child who is an adult adoptee or an adult descendant of the adoptee or legal
representative of such person in accordance with the provisions of section 19-5-305 (1.5).
(144) (a) Victim, as used in this title 19 and except as provided in subsection
(144)(b) of this section, has the same meaning as set forth in section 19-2.5-102.
(b) Victim, as used in section 19-5-105.5, means any natural person against
whom a crime of sexual assault or a crime in which the underlying factual basis was
sexual assault is perpetrated or is alleged to have been perpetrated.
(145) Youth means an individual who is less than twenty-one years of age.