§ 19-1.2-121 — Order to vacate judgment

Colorado § 19-1.2-121

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Colorado Indian Child Welfare Act

Text

(1) A petition to vacate an order or a
judgment involving an Indian child regarding jurisdiction in accordance with
sections 19-1.2-116 and 19-1.2-118, placement, guardianship, or the termination of
parental rights may be filed in a pending child custody proceeding involving the
Indian child or, if a child custody proceeding is not pending, in any state or local
court of competent jurisdiction by:

(a) The Indian child who was alleged to be within the court's jurisdiction
pursuant to section 19-1.2-116;

(b) The Indian child's parent or Indian custodian from whose custody the
Indian child was removed or whose parental rights were terminated; or

(c) The Indian child's tribe.

(2) (a) The court shall vacate an order or judgment involving an Indian child
regarding jurisdiction in accordance with sections 19-1.2-116 and 19-1.2-118,
placement, guardianship, or the termination of parental rights if the court
determines that any provision of this article 1.2 has been violated.

(b) If the vacated order or judgment resulted in the removal or placement of
the Indian child, the court shall order the child returned to the Indian child's parent
or Indian custodian as soon as possible, and the court's order must include a
transition plan for the physical custody of the child, unless the court determines
that a hearing is to be held within twenty-eight days in accordance with 25 U.S.C.
sec. 1912 (e) and section 19-1.2-123 to determine if the return of the Indian child is
appropriate. The transition plan may include protective custody pursuant to section
19-3-405.

(c) If the vacated order or judgment terminated parental rights, the court
shall order the previously terminated parental rights to be restored.

(d) If the state or any other party affirmatively asks the court to reconsider
the issues under the vacated order or judgment, the court's findings or
determinations must be readjudicated by the court that is reconsidering whether
there has been abuse or neglect sufficient to allow the Indian child to be removed
pursuant to this article 1.2.

Legislative History

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1809, � 2, effective August 6.