§ 19-1.2-127 — Tribal-state agreements - purpose - requirements

Colorado § 19-1.2-127

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

Text

(1) (a) The
state department shall continue to make good faith efforts to follow and revise
tribal-state child welfare agreements with the Southern Ute Indian Tribe and the
Ute Mountain Ute Indian Tribe. The state department shall revise a tribal-state child
welfare agreement upon the request of, and in conjunction with, the requesting
Indian tribe.

(b) The state department may also enter into a tribal-state child welfare
agreement with any Indian tribe outside of Colorado that has a significant number
of member children or membership-eligible children residing in this state.

(2) The purposes of a tribal-state child welfare agreement are to promote
the continued existence and integrity of the Indian tribe as a political entity and to
protect the vital interests of Indian children in securing and maintaining political,
cultural, and social relationships with their tribe and family.

(3) A tribal-state child welfare agreement may include agreements
regarding default jurisdiction over cases in which the state courts and tribal courts
have concurrent jurisdiction; the transfer of cases between state courts and tribal
courts; the assessment, removal, placement, custody, and adoption of Indian
children; and any other child welfare services provided to Indian children.

(4) A tribal-state child welfare agreement must:

(a) Provide for the cooperative delivery of child welfare services to Indian
children in Colorado, including the utilization, to the extent available, of services
provided by the Indian tribe or an organization whose mission is to serve the
American Indian or Alaska Native population to implement the terms of the tribal-state child welfare agreement; and

(b) If services provided by the Indian tribe or an organization whose mission
is to serve the American Indian or Alaska Native population are unavailable, provide
for the state department's use of community services and resources developed
specifically for Indian families and that have the demonstrated capacity to provide
culturally relevant and effective services to Indian children.

Legislative History

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1813, � 2, effective August 6.