(1) Any parent
desiring to relinquish his or her child shall:
(a) Obtain counseling for himself or herself and the child to be relinquished
as the court deems appropriate from the county department of human or social
services in the county where the parent resides or from a licensed child placement
agency, and, if the petitioner has not received the counseling required by the court,
the petition must be continued until counseling is obtained, and the court shall refer
the petitioner to counseling;
(b) (I) Petition the juvenile court upon a standardized form prescribed by the
judicial department giving the following information: The name of both natural
parents, if known; the name of the child, if named; the ages of all parties concerned;
and the reasons for which relinquishment is desired.
(II) The petition shall be accompanied by a standardized affidavit of
relinquishment counseling prescribed by the judicial department that includes:
(A) A statement indicating the nature and extent of counseling furnished to
the petitioner, if any, and the recommendations of the counselor;
(B) A copy of the original birth certificate or a copy of the application
therefor; and
(C) A statement disclosing any and all payments, gifts, assistance, goods, or
services received, promised, or offered to the relinquishing parent in connection
with the pregnancy, birth, or proposed relinquishment of the child and the source or
sources of such payments, gifts, assistance, goods, or services.
(1.5) (a) Pursuant to article 1.2 of this title 19, the petition for relinquishment
must:
(I) Include a statement indicating whether the child is an Indian child; and
(II) Include the identity of the Indian child's tribe, if the child is identified as
an Indian child.
(b) If notices were sent to the Indian child's parent or Indian custodian and to
the Indian child's tribe pursuant to article 1.2 of this title 19, the postal receipts
must be attached to the petition and filed with the court or filed within fourteen
days after the filing of the petition, as specified in article 1.2 of this title 19.
(2) The counseling specified in subsection (1)(a) of this section and provided
by the department or the child placement agency shall include, but not be limited
to, the following:
(a) Information to the relinquishing parent concerning the permanence of the
decision and the impact of such decision on the relinquishing parent now and in the
future;
(b) Information concerning each parent's complete medical and social
histories;
(c) In the case of pregnancy, referral of the woman for medical care and for
determination of eligibility for medical assistance;
(d) Information concerning alternatives to relinquishment and referral to
private and public resources that may meet the parent's needs;
(e) Relinquishment services necessary to protect the interests and welfare
of a child born in a state institution;
(f) Information to the child's parent that if he or she applies for public
assistance for himself or herself and the child, he or she must cooperate with the
child support enforcement unit for the establishment and enforcement of a child
support order; and
(g) The confidentiality of all information, except for nonidentifying
information as defined in section 19-1-103 that may be accessed pursuant to part 4
of this article 19, obtained by the department and the child placement agency in the
course of relinquishment counseling unless the parent provides written permission
or a release of information is ordered by a court of competent jurisdiction and
except for a copy of an original birth certificate that may be obtained by an adult
adoptee, adult descendant of an adoptee, or a legal representative of the adoptee
or descendant as authorized by section 19-5-305. The counseling must also include
notice that a birth parent has the opportunity to file a written statement specifying
that the birth parent's information remain confidential, an explanation of the rights
and responsibilities of birth parents who disagree about consent as set forth in
section 19-5-305, and notice that a birth parent has the opportunity to sign and
submit a contact preference form and updated medical history statements to the
state registrar as set forth in section 19-5-305 (1.5).
(2.5) In those cases in which a parent proposes to relinquish his or her
parent-child legal relationship with respect to a child who is under one year of age
pursuant to the expedited procedures set forth in section 19-5-103.5, the licensed
child placement agency or the county department of human or social services
assisting the relinquishing parent shall proceed with filing the petition and
providing notice as set forth in section 19-5-103.5.
(3) Upon receipt of the petition for relinquishment, the court shall set the
same for hearing on the condition that the requirements of subsection (1) of this
section have been complied with by the petitioner.
(4) (a) Except as otherwise provided in section 19-5-103.5 (2)(d), the parent-child legal relationship of a parent shall not be terminated by relinquishment
proceedings unless the parent joins in the petition.
(b) The relinquishing parent, child placement agency, and county
department of human or social services shall provide the court any and all
information described in section 19-1-103 (103) that is available to the relinquishing
parent, agency, or county department.
(c) When a motion has been filed to terminate parental rights, a respondent
parent with a pending dependency and neglect case brought pursuant to article 3
of this title 19 may pursue relinquishment pursuant to this article 5. Any
relinquishment that occurs pursuant to this article 5 must be certified into the
dependency and neglect case. In any case where a respondent parent has
relinquished the parent's rights pursuant to this article 5, the juvenile court shall
follow the procedures set forth in part 6 of article 3 of this title 19 to terminate any
remaining respondent parent rights. When a motion has been filed to terminate
parental rights pursuant to section 19-3-604, the caseworker shall, upon request by
a parent and if services are available, refer the requesting parent to relinquishment
counseling. The county shall make reasonable attempts to refer relinquishment
services that are accessible to the parent.
(5) The court shall not issue an order of relinquishment until it is satisfied
that the relinquishing parent and the child, if determined appropriate by the court,
have been counseled pursuant to subsection (1) of this section and this subsection
(5) and fully advised of the consequences of the parent's act. The court may order
counseling for any age child to be relinquished if the court deems such counseling
would be in the child's best interests. The court may order that a child younger than
twelve years of age be prepared for relinquishment, termination of parental rights,
or adoption.
(6) If the court finds after the hearing that it is in the best interests of the
child that no relinquishment be granted, the court shall enter an order dismissing
the action.
(7) (a) The court shall enter an order of relinquishment if the court finds after
the hearing that:
(I) The relinquishing parent or parents and any child that the court directed
into counseling have been counseled as provided in subsections (1) and (5) of this
section; and
(II) The parent's decision to relinquish is knowing and voluntary and not the
result of any threats, coercion, or undue influence or inducements; and
(III) The relinquishment would best serve the interests of the child to be
relinquished.
(b) There shall be a rebuttable presumption that a relinquishment would not
be in the child's best interests if the child is twelve years of age or older and objects
to the relinquishment.
(8) If the court is not satisfied that the relinquishing parents and the child, if
twelve years of age or older, have been offered proper and sufficient counsel and
advice, it shall continue the matter for such time as the court deems necessary.
(9) (a) The court may appoint a guardian ad litem to protect the interests of
the child if:
(I) The court finds that there is a conflict of interest between the child and
the child's parents, guardian, or legal custodian;
(II) The court finds that such appointment would be in the best interests of
the child; or
(III) The court determines that the child is twelve years of age or older and
that the welfare of the child mandates such appointment. If counsel for youth is
appointed pursuant to article 3 of this title 19, the counsel for youth is appointed
pursuant to this section.
(b) Reasonable fees for guardians ad litem or counsel for youth appointed
pursuant to this subsection (9) must be paid by the relinquishing parent or parents;
except that, in the case of an indigent parent or parents, such fees must be paid as
an expense of the state from annual appropriations to the office of the child's
representative.
(10) The court may interview the child in chambers to ascertain the child's
wishes as to the relinquishment proceedings. The court may permit counsel to be
present at such an interview. The court shall cause a record of the interview to be
made, and it shall be made a part of the record in the case.
(11) The court may seek the advice of professional personnel whether or not
said personnel are employed on a regular basis by the court. Any advice given by
professional persons shall be in writing and shall be made available by the court to
attorneys of record, to the parties, and to any other expert witnesses upon request,
but it shall be considered confidential for any other purposes, shall be sealed, and
shall not be open to inspection except by consent of the court. Attorneys of record
may call for the cross-examination of any professional persons consulted by the
court.
(12) The provisions of this section, including but not limited to relinquishment
counseling, notification, and the relinquishment hearing, shall apply in any case
involving a child in Colorado or for whom Colorado is the home state as described in
section 14-13-102 (7), C.R.S., including any case in which it is proposed that the child
to be relinquished will be relinquished or adopted outside the state of Colorado.
(13) (a) (I) If a child was conceived as a result of an act that led to a parent's
conviction for sexual assault or for a conviction of an act in which the underlying
factual basis was sexual assault, the victim of the sexual assault or crime may file a
petition in the juvenile court to prevent future contact with the parent who
committed the sexual assault and to relinquish the parent-child legal relationship
of the victim of the sexual assault or crime.
(II) A person who alleges that they are a victim of sexual assault and who
alleges that a child was conceived as a result of a sexual assault of which a
conviction did not occur may file a petition in the juvenile court to prevent future
contact with the parent who allegedly committed the sexual assault and to
relinquish the parent-child legal relationship of the alleged victim of the sexual
assault.
(b) A parent who is a victim or who alleges that they are a victim as described
in subsection (13)(a) of this section and who wants to relinquish the child who was
conceived or is alleged to have been conceived as described in subsection (13)(a) of
this section shall include with their petition for relinquishment documentation
concerning the sexual assault or conception. The documentation may include:
(I) A court record documenting the conviction for sexual assault or
conviction of an act in which the underlying factual basis was sexual assault;
(II) A police report concerning the sexual assault;
(III) Medical records, forensic exam results, or genetic testing results;
(IV) Records from a licensed mental health professional or victim's advocate;
or
(V) A sworn affidavit from the petitioner that alleges the petitioner is a victim
of sexual assault that resulted in the conception of the child to be relinquished.
(c) (I) If the petition for relinquishment includes documentation of a parent's
conviction for sexual assault or for a conviction of an act in which the underlying
factual basis was sexual assault and the child to be relinquished was conceived as
a result of the crime, or if the court finds, based on a preponderance of the
evidence, that the relinquishment petitioner is a victim of a sexual assault that
resulted in the conception of the child to be relinquished, then notwithstanding any
provision of this section to the contrary, the petitioner is exempt from, and the court
shall not require the petitioner to:
(A) Satisfy any counseling requirements pursuant to this section; or
(B) Pay fees for guardians ad litem or counsel for youth pursuant to this
section.
(II) If the petition for relinquishment includes documentation of a parent's
conviction for sexual assault or for a conviction of an act in which the underlying
factual basis was sexual assault and the child to be relinquished was conceived as
a result of the crime, or if the court finds, based on a preponderance of the
evidence, that the relinquishment petitioner is a victim of a sexual assault that
resulted in the conception of the child to be relinquished, then notwithstanding any
law to the contrary, if the court grants a final order of relinquishment, the court's
final order of relinquishment must divest the relinquishing parent of all legal
obligations they may have with respect to the child relinquished, including child
support, at the time of relinquishment.
(d) A parent who is a party to a pending dependency and neglect case
pursuant to article 3 of this title 19 may pursue relinquishment pursuant to this
subsection (13) at any time during the dependency and neglect proceedings.