Colorado § 26-5.7-108 Voluntary alternative residence - lack of parental agreement

Colorado Statutes

§ 26-5.7-108 — Voluntary alternative residence - lack of parental agreement

Colorado § 26-5.7-108

Title 26Human

Art.Homeless Youth

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Bluebook

Colo. Rev. Stat. § 26-5.7-108 (2026).

Text

(1)If the youth and the youth's parent cannot agree on an initial voluntary alternative residence within twenty-one days after admission to the alternative out-of-home residence, a referral to the county department may be made.

(2)The licensed child care facility or licensed homeless youth shelter to which the youth has been admitted may arrange for the establishment of a supervised independent living arrangement or may arrange a voluntary residential agreement between the youth and a relative or other responsible adult, a licensed child care facility, or licensed homeless youth shelter if the youth has been admitted to a licensed child care facility or licensed homeless youth shelter and:

(a)Twenty-one days have passed since admission;

(b)The youth's parent cannot be found af

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(1) If the youth and the youth's parent cannot agree on an initial voluntary
alternative residence within twenty-one days after admission to the alternative out-of-home residence, a referral to the county department may be made.

(2) The licensed child care facility or licensed homeless youth shelter to
which the youth has been admitted may arrange for the establishment of a
supervised independent living arrangement or may arrange a voluntary residential
agreement between the youth and a relative or other responsible adult, a licensed
child care facility, or licensed homeless youth shelter if the youth has been
admitted to a licensed child care facility or licensed homeless youth shelter and:

(a) Twenty-one days have passed since admission;

(b) The youth's parent cannot be found after diligent effort by the facility or
shelter to locate such parent, the youth's parent has failed to respond to a notice
sent by the facility or shelter, or the youth's parent has renounced responsibility for
the youth; and

(c) The youth has no suitable place to live other than the home of the youth's
parent.

(3) A supervised independent living arrangement can only be established
pursuant to subsection (2) of this section if:

(a) The youth has not been deemed to have a substance use disorder and is
in need of treatment;

(b) The youth is not currently demonstrating behavior that poses a danger to
the youth or others;

(c) The youth is not engaging in persistent high-risk behavior that renders
the youth inappropriate for an independent living arrangement through a placement
alternative commission plan pursuant to section 19-1-116, C.R.S., or foster care
placement through the county department; and

(d) The youth has an ability and capacity to manage his or her own affairs,
demonstrates emotional independence, and has the opportunity and ability to
achieve financial independence through legitimate activities and life skills,
including the following:

(I) Educational accomplishments or a plan for achieving educational goals;

(II) A vocational plan or goal; and

(III) An opportunity or ability to achieve adequate housing and living
arrangements apart from the youth's parent, guardian, or custodian.

(4) (a) For the purposes of this article, a voluntary residential agreement
shall not require the county department to assume custody of the youth or to
exercise any parental power or control over the youth or require medical assistance
under articles 4, 5, and 6 of title 25.5, C.R.S.

(b) A person assuming responsibility for the youth shall have the authority to:

(I) Enroll the youth in the school district in which the youth resides, pursuant
to the voluntary residential agreement; and

(II) Authorize and obtain preventive medical and dental care and treatment
for the youth.

Legislative History

Source: L. 97: Entire article added, p. 981, � 2, effective May 22. L. 2006: (4)(a) amended, p. 2018, � 104, effective July 1. L. 2011: (1), IP(2), and (2)(a) amended, (HB 11-1079), ch. 83, p. 225, � 3, effective August 10. L. 2017: (3)(a) amended, (SB 17-242), ch. 263, p. 1334, � 222, effective May 25. L. 2024: IP(2) amended, (SB 24-191), ch. 221, p. 1386, � 5, effective August 7.