Colorado § 19-1.2-123 Foster care placement

Colorado Statutes

§ 19-1.2-123 — Foster care placement

Colorado § 19-1.2-123

Title 19Children's

Art.Colorado Indian Child Welfare Act

This text of Colorado § 19-1.2-123 (Foster care placement) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 19-1.2-123 (2026).

Text

(1)For a court to order foster care placement in a child custody proceeding involving an Indian child:

(a)The court must find by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that the Indian child's continued custody by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and

(b)The court must determine that the evidence required by subsection (1)(a) of this section shows a causal relationship between the particular conditions in the Indian child's domicile or residence and the likelihood that the continued custody of the Indian child in that domicile or residence will result in serious emotional or physical damage to the Indian child who is the subject

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(1) For a court to order foster care
placement in a child custody proceeding involving an Indian child:

(a) The court must find by clear and convincing evidence, including the
testimony of one or more qualified expert witnesses, that the Indian child's
continued custody by the Indian child's parent or Indian custodian is likely to result
in serious emotional or physical damage to the Indian child; and

(b) The court must determine that the evidence required by subsection (1)(a)
of this section shows a causal relationship between the particular conditions in the
Indian child's domicile or residence and the likelihood that the continued custody of
the Indian child in that domicile or residence will result in serious emotional or
physical damage to the Indian child who is the subject of the child custody
proceeding.

(2) Without a causal relationship shown pursuant to subsection (1)(b) of this
section, if the evidence shows only the existence of community or family poverty,
isolation, single parenthood, custodian age, crowded or inadequate housing,
substance abuse, or nonconforming social behavior, such evidence does not by
itself constitute the clear and convincing evidence required for a finding that
continued custody is likely to result in serious emotional or physical damage to the
Indian child.