§ 19-3-605 — Request for placement with family members

Colorado § 19-3-605

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Dependency and Neglect

Text

(1) Following an
order of termination of the parent-child legal relationship, the court shall consider,
but shall not be bound by, a request that guardianship and legal custody of the
child be placed with a relative of the child. When ordering guardianship of the
person and legal custody of the child, the court may give preference to a
grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child
when such relative has made a timely request therefor pursuant to the requirement
of this subsection (1) and the court determines that such placement is in the best
interests of the child. Such request must be submitted to the court no later than
twenty days after the motion for termination is filed pursuant to section 19-3-602.
Nothing in this section shall be construed to require the child placement agency
with physical custody of the child to notify said relatives described in this section of
the pending termination of parental rights.

(2) Notwithstanding the provisions of subsection (1) of this section to the
contrary, when the child is part of a sibling group and the sibling group is being
placed out of the home, if the county department locates an appropriate, capable,
willing, and available joint placement for all of the children in the sibling group, the
court shall presume that placement of the entire sibling group in the joint
placement is in the best interests of the children. Such presumption may be
rebutted by a preponderance of the evidence that placement of the entire sibling
group in the joint placement is not in the best interests of a child or of the children.

(3) In making placement determinations concerning a child or youth
following the order of termination of the parent-child legal relationship pursuant to
the provisions of this section, the court shall consider all pertinent information
related to modifying the placement of the child or youth prior to removing the child
or youth from the child's or youth's placement, including:

(a) An individualized assessment of the child's needs created pursuant to
Title IV-E of the federal Social Security Act, as amended, and regulations
promulgated thereunder, as amended;

(b) Whether the child's or youth's placement at the time of the hearing is a
safe and potentially permanent placement for the child or youth, including
documentation that a county department or a licensed child placement agency has
adequately screened the family member who is seeking to care for the child or
youth and any adult residing in the home and that all of the criminal history record
checks and other background checks have been completed as required pursuant to
section 26-6-910 or 19-3-406;

(c) The child's actual age and developmental stage and, in consideration of
this information, the child's attachment needs;

(d) Whether the child has significant psychological ties to a person who
could provide a permanent placement for the child, including a relative, and, if so,
whether this person maintained contact with the child during the child's placement
out of the home;

(e) Whether a person who could provide a permanent placement for the child
is willing to maintain appropriate contact after an adoption of the child with the
child's relatives, particularly sibling relatives, when such contact is safe,
reasonable, and appropriate;

(f) Whether a person who could provide a permanent placement for the child
is aware of the child's culture and willing to provide the child with positive ties to
his or her culture;

(g) The child's medical, physical, emotional, or other specific needs, and
whether a person who could provide a permanent placement for the child is able to
meet the child's needs; and

(h) The child's attachment to the child's caregiver at the time of the hearing
and the possible effects on the child's emotional well-being if the child is removed
from the caregiver's home.

Legislative History

Source: L. 87: Entire title R&RE, p. 789, � 1, effective October 1. L. 2003: Entire section amended, p. 2626, � 7, effective June 5. L. 2005: (1) amended, p. 93, � 1, effective March 31; entire section amended, p. 678, � 3, effective July 1. L. 2015: (3)(b) amended, (SB 15-087), ch. 263, p. 1019, � 12, effective June 2; (3) amended, (HB 15-1337), ch. 328, p. 1342, � 2, effective June 5. L. 2022: (3)(b) amended, (HB 22-1295), ch. 123, p. 836, � 41, effective July 1. L. 2023: IP(3) and (3)(b) amended, (HB 23-1043), ch. 20, p. 79, � 4, effective August 7.