Restorative Justice Definitions in the Colorado Children's Code
C.R.S.A.
19-1-103

Description: C.R.S.A. § 19-1-103 West's Colorado Revised Statutes Annotated Currentness Title 19. Children's Code (Refs & Annos) Article 1. General Provisions Part 1. General Provisions (Refs & Annos) § 19-1-103. Definitions As used in this title or in the specified portion of this title, unless the context otherwise requires: (1)(a) “Abuse” or “child abuse or neglect”, as used in part 3 of article 3 of this title, means an act or omission in one of the following categories that threatens the health or welfare of a child: (I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence; (II) Any case in which a child is subjected to unlawful sexual behavior as defined in section 16-22-102(9), C.R.S.; (III) Any case in which a child is a child in need of services because the child's parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall be subject to the provisions of section 19-3- 103. (IV) Any case in which a child is subjected to emotional abuse. As used in this subparagraph (IV), “emotional abuse” means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development. (V) Any act or omission described in section 19-3-102(1)(a), (1)(b), or (1)(c); (VI) Any case in which, in the presence of a child, or on the premises where a child is found, or where a child resides, a controlled substance, as defined in section 18-18- 102(5), C.R.S., is manufactured or attempted to be manufactured; (VII) Any case in which a child tests positive at birth for either a schedule-I controlled substance, as defined in section 18-18-203, C.R.S., or a schedule-II controlled substance, as defined in section 18-18-204, C.R.S., unless the child tests positive for a schedule-II controlled substance as a result of the mother's lawful intake of such substance as prescribed. (b) In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates including, but not limited to, accepted work-related practices of agricultural communities. Nothing in this subsection (1) shall refer to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2-502 that are performed by a peace officer, as described in section 16-2.5-101, C.R.S., acting in the good faith performance of the officer's duties. (2) “Adjudication” means a determination by the court that it has been proven beyond a reasonable doubt to the trier of fact that the juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, “adjudication” means conviction. (3) “Adjudicatory hearing” means a hearing to determine whether the allegations of a petition in dependency and neglect are supported by the evidence. (4) “Adjudicatory trial” means a trial to determine whether the allegations of a petition in delinquency are supported by the evidence. (5) “Administrative review” means a review conducted by the state department of human services that is open to the participation of the parents of the child and conducted by an administrative reviewer who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. (6) “Adoptee”, as used in part 3 of article 5 of this title, means a person who, as a minor, was adopted pursuant to a final decree of adoption entered by a court. (6.5)(a) “Adoption record”, as used in part 3 of article 5 of this title, means the following documents and information: (I) The adoptee's original birth certificate and amended birth certificate; (II) The final decree of adoption; (III) Nonidentifying information, as defined in section 19-1-103(80); (IV) The final order of relinquishment; and (V) The order of termination of parental rights. (b) “Adoption record” shall not include pre-relinquishment counseling records, which records shall remain confidential. (6.7) “Adoption triad” means the three parties involved in an adoption: The adoptee, the birth parent, and the adoptive parent. (7) “Adoptive parent”, as used in parts 3 and 4 of article 5 of this title, means an adult who has become a parent of a minor through the legal process of adoption. (8)(a) “Adult” means a person eighteen years of age or older; except that any person eighteen years of age or older who is under the continuing jurisdiction of the court, who is before the court for an alleged delinquent act committed prior to the person's eighteenth birthday, or concerning whom a petition has been filed for the person's adoption other than under this title shall be referred to as a juvenile. (b) Deleted by Laws 1997, S.B.97-83, § 14, eff. July 1, 1997. (9) “Adult adoptee”, as used in parts 3 and 4 of article 5 of this title, means an individual who is eighteen years of age or older and who, as a minor, was adopted pursuant to a final decree of adoption entered by a court. (10) “Appropriate treatment plan”, as used in section 19-3-508(1)(e), means a treatment plan approved by the court that is reasonably calculated to render the particular respondent fit to provide adequate parenting to the child within a reasonable time and that relates to the child's needs. (10.5) “Assessment center for children”, as used in sections 19-1-303 and 19-1-304, means a multi-disciplinary, community-based center that provides services to children and their families, including, but not limited to, detention screening, case management, and therapeutic intervention relating to delinquency, abuse or neglect, family conflict, and truancy. (11) “Assessment instrument” means an objective tool used to collect pertinent information regarding a juvenile taken into temporary custody in order to determine the appropriate level of security, supervision, and services pending adjudication. (12) “Basic identification information”, as used in article 2 of this title, means the name, place and date of birth, last-known address, social security number, occupation and address of employment, last school attended, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person. (13) “Biological parent” or “birth parent”, as used in part 3 of article 5 of this title, means a parent, by birth, of an adopted person. (14) “Biological sibling”, as used in part 3 of article 5 of this title, means a sibling, by birth, of an adopted person. “Biological sibling”, as used in article 3 and article 5 of this title, for purposes of the definition of sibling group, as defined in subsection (98.5) of this section, means a brother, sister, or half-sibling of a child who is being placed in foster care or being placed for adoption. (15) “Birth parents”, as used in part 4 of article 5 of this title, means genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. “Birth parents” includes a man who is the parent of a child as established in accordance with the provisions of the “Uniform Parentage Act”, article 4 of this title, prior to the termination of parental rights. (16) “Board”, as used in article 3.5 of this title, means the Colorado children's trust fund board created in section 19-3.5-104. (16.5) “Case management purposes”, as used in section 19-1-303, means assessments, evaluations, treatment, education, proper disposition or placement of the child, interagency coordination, and other services that are incidental to the administration of the program and in the best interests of the child. (17) “Chief justice”, as used in part 3 of article 5 of this title, means the chief justice of the Colorado supreme court. (18) “Child” means a person under eighteen years of age. (19) “Child abuse”, as used in article 3.5 of this title, means any act that reasonably may be construed to fall under the definition of abuse or child abuse or neglect in subsection (1) of this section. (19.5) “Child advocacy center”, as used in part 3 of article 3 of this title, means a center that provides a comprehensive multi-disciplinary team response to allegations of child abuse or neglect in a dedicated, child-friendly setting. The team response to allegations of child abuse or neglect includes, but is not limited to, technical assistance for forensic interviews, forensic medical examinations, mental health and related support services, consultation, training, and education. (20) “Child care center” means a child care center licensed and approved pursuant to article 6 of title 26, C.R.S. If such facility is located in another state, it shall be designated by the department of human services upon certification that no appropriate available space exists in a child care facility in this state and shall be licensed or approved as required by law in that state. (21) “Child placement agency” means an agency licensed or approved pursuant to law. If such agency is located in another state, it shall be licensed or approved as required by law in that state. (22) “Child protection team”, as used in part 3 of article 3 of this title, means a multidisciplinary team consisting, where possible, of a physician, a representative of the juvenile court or the district court with juvenile jurisdiction, a representative of a local law enforcement agency, a representative of the county department, a representative of a mental health clinic, a representative of a public health department, an attorney, a representative of a public school district, and one or more representatives of the lay community, at least one of whom shall be a person who serves as a foster parent in the county. Each public agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each public agency shall have only one vote. In no event shall an attorney member of the child protection team be appointed as guardian ad litem for the child or as counsel for the parents at any subsequent court proceedings, nor shall the child protection team be composed of fewer than three persons. When any racial, ethnic, or linguistic minority group constitutes a significant portion of the population of the jurisdiction of the child protection team, a member of each such minority group shall serve as an additional lay member of the child protection team. At least one of the preceding members of the team shall be chosen on the basis of representing low-income families. The role of the child protection team shall be advisory only. (23) “Citizen review panel”, as used in section 19-3-211, means the panel created in a county by the board of county commissioners or in a city and county by the city council that shall review and make recommendations regarding grievances referred to the panel by the county director pursuant to the conflict resolution process. (24) “Commit”, as used in article 2 of this title, means to transfer legal custody. (24.5) “Community placement” means the placement of a child for whom the state department of human services or a county department has placement and care responsibility pursuant to article 2 or 3 of this title in any licensed or certified twenty- four-hour, non-secure, care and treatment facility away from the child's parent or guardian. “Community placement” includes, but is not limited to, placement in a foster care home, group home, residential child care facility, or residential treatment facility. (25) “Complainant”, as used in section 19-3-211, means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department in accordance with the provisions of section 19-3- 211. (26) “Confidential intermediary”, as used in part 3 of article 5 of this title, means a person twenty-one years of age or older who has completed a training program for confidential intermediaries that meets the standards set forth by the commission pursuant to section 19-5-303 and who is authorized to inspect confidential relinquishment and adoption records at the request of an adult adoptee, adoptive parent, biological parent, or biological sibling. (27) “Confirmed”, as used in part 3 of article 3 of this title, means any report made pursuant to article 3 of this title that is found by a county department, law enforcement agency, or entity authorized to investigate institutional abuse to be supported by a preponderance of the evidence. (28) “Consent”, as used in part 3 of article 5 of this title, means voluntary, informed, written consent. When used in the context of confidential intermediaries, “consent” always shall be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. “Consent” may also mean the agreement for contact or disclosure of records by any of the parties identified in section 19-5-304(2) as a result of an inquiry by a confidential intermediary pursuant to section 19-5-304. (28.5) “Consent form”, as used in section 19-5-305(3), means a verified written statement signed by an adult adoptee or an adult adoptee's consenting birth parent or an adoptive parent of a minor adoptee that has been notarized and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency. (28.6) “Contact information” means information supplied voluntarily by a birth parent on a contact preference form, including the name of the birth parent at the time of relinquishment of the adoptee; the alias, if any, used at the time of relinquishment of the adoptee; and the current name, current address, and current telephone number of the birth parent. (28.7) “Contact preference form” means a written statement signed by a birth parent indicating whether the birth parent prefers future contact with an adult adoptee, an adult descendant of the adoptee, or a legal representative of the adoptee or the descendant and, if contact is preferred, whether the contact should be through a confidential intermediary or a designated employee of a child placement agency. A contact preference form includes an option for a birth parent to authorize the release of an original birth certificate. (29) “Continuously available”, as used in section 19-3-308(4), means the assignment of a person to be near an operable telephone not necessarily located in the premises ordinarily used for business by the county department or to have such arrangements made through agreements with local law enforcement agencies. (29.5) Repealed by Laws 2003, Ch. 196, § 5, eff. Jan. 1, 2004. (30) “Cost of care” means the cost to the department or the county for a child placed out of the home or charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses for a child placed out of the home or to a juvenile sentenced to a placement out of the home, as determined by the court. As used in this title, “cost of care” also includes any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole. (31) “Counsel” means an attorney-at-law who acts as a person's legal advisor or who represents a person in court. (31.5) “County attorney” means the office of the county attorney or city attorney representing a county or a city and county, and includes the attorneys employed or retained by such county or city and county. (32)(a) “County department”, as used in this article and part 2, part 3, and part 7 of article 3 of this title and part 2 of article 5 of this title, means the county or district department of social services. (b) “County department”, as used in section 19-3-211, means a county or a city and county department of social services. (33) “County director”, as used in section 19-3-211 and part 3 of article 3 of this title, means the county director or district director appointed pursuant to section 26-1-117, C.R.S. (34) “Court”, as used in part 3 of article 5 of this title, means any court of record with jurisdiction over the matter at issue. (34.3) “Court-appointed special advocate” or “CASA volunteer” means a volunteer appointed by a court pursuant to the provisions of part 2 of this article to assist in advocacy for children. (34.5) “Court-appointed special advocate program” or “CASA program” means a program established pursuant to the provisions of part 2 of this article. (34.6) “Criminal justice agency”, as used in section 19-1-303, shall have the same meaning as set forth in section 24-72-302(3), C.R.S. (34.7) “Custodial adoption”, as used in part 2 of article 5 of this title, means an adoption of a child by any person and such person's spouse, as required under section 19-5-202(3), who: (a) Has been awarded custody or allocated parental responsibilities by a court of law in a dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been awarded guardianship of the child by a court of law in a probate action, such as pursuant to part 2 of article 14 of title 15; and (b) Has had physical custody of the child for a period of one year or more. (35) “Custodian” means a person who has been providing shelter, food, clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court. (36) “Delinquent act”, as used in article 2 of this title, means a violation of any statute, ordinance, or order enumerated in section 19-2-104(1)(a). If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense shall be determined by the statute, ordinance, or order that the petition alleges was violated. (37) “Department”, as used in article 5 of this title, means the department of human services. (38) “Deprivation of custody” means the transfer of legal custody by the court from a parent or a previous legal custodian to another person, agency, or institution. (39) “Designated adoption” means an adoption in which: (a) The birth parent or parents designate a specific applicant with whom they wish to place their child for purposes of adoption; and (b) The anonymity requirements of section 19-1-309 are waived. (40) “Detention” means the temporary care of a child who requires secure custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment. (40.5) “Determinate period”, as used in article 2 of this title, means that the department of human services may not transfer legal or physical custody of a juvenile until the juvenile has completed the period of commitment imposed by the court, unless otherwise ordered by the court; except that the department may release the juvenile on parole prior to completion of the determinate period, as provided in section 19-2-1002. (41) “Diagnostic and evaluation center”, as used in article 2 of this title, means a facility for the examination and study of persons committed to the custody of the department of human services. (42) “Director”, as used in section 19-2-303, means the executive director of the department of public safety. (43) “Dispositional hearing” means a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent. Such hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing. (44) “Diversion” means a decision made by a person with authority or a delegate of that person that results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing individually designed services by a specific program. The goal of diversion is to prevent further involvement of the juvenile or child in the formal legal system. Diversion of a juvenile or child may take place either at the prefiling level as an alternative to the filing of a petition pursuant to section 19-2-512 or at the postadjudication level as an adjunct to probation services following an adjudicatory hearing pursuant to section 19-3-505 or a disposition as a part of sentencing pursuant to section 19-2-907. “Services”, as used in this subsection (44), includes but is not limited to diagnostic needs assessment, restitution programs, community service, job training and placement, specialized tutoring, constructive recreational activities, general counseling and counseling during a crisis situation, and follow-up activities. Services may include restorative justice practices, including, where practicable, victim-offender conferences. (44.5) “Donor”, as used in section 19-4-106, means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. “Donor” does not include a husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife. (45) “Emancipated juvenile”, as used in section 19-2-511, means a juvenile over fifteen years of age and under eighteen years of age who has, with the real or apparent assent of the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care, custody, and earnings. The term may include, but shall not be limited to, any such juvenile who has the sole responsibility for the juvenile's own support, who is married, or who is in the military. (46) Deleted by Laws 1996, H.B.96-1005, § 12, eff. Jan. 1, 1997. (47)(a) “Estate”, as used in section 19-2-114, means any tangible or intangible properties, real or personal, belonging to or due to a person, including income or payments to such person from previously earned salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever except federal benefits of any kind. (b)(I) Real property that is held in joint ownership or ownership in common with the juvenile's spouse, while being used and occupied by the spouse as a place of residence, shall not be considered a part of the estate of the juvenile for the purposes of section 19- 2-114. (II) Real property that is held by the juvenile's parent, while being used and occupied by such parent as a place of residence, shall not be considered a part of the estate of the parent for the purposes of section 19-2-114. (48) “Expungement”, as used in section 19-1-306, means the designation of juvenile delinquency records whereby such records are deemed never to have existed. (49) “Family child care home” means a family child care home licensed and approved pursuant to article 6 of title 26, C.R.S. If such facility is located in another state, it shall be designated by the department of human services upon certification that no appropriate available space exists in a facility in this state and shall be licensed or approved as required by law in that state. (50) Deleted by Laws 1996, H.B.96-1005, § 12, eff. Jan. 1, 1997. (51) “Fire investigator” means a person who: (a) Is an officer or member of a fire department, fire protection district, or fire fighting agency of the state or any of its political subdivisions; (b) Is engaged in conducting or is present for the purpose of engaging in the conduct of a fire investigation; and (c) Is either a volunteer or is compensated for services rendered by the person. (51.3) “Foster care” means the placement of a child into the legal custody or legal authority of a county department of social services for physical placement of the child in a kinship care placement or certified or licensed facility or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement. (51.5) “Foster care home” means a foster care home certified pursuant to article 6 of title 26, C.R.S. (52) “Gang”, as used in sections 19-2-205 and 19-2-508, means a group of three or more individuals with a common interest, bond, or activity, characterized by criminal or delinquent conduct, engaged in either collectively or individually. (53) “Good faith mistake”, as used in section 19-2-803, means a reasonable error of judgment concerning the existence of facts or law that, if true, would be sufficient to constitute probable cause. (54) “Governing body”, as used in section 19-3-211, means the board of county commissioners of a county or the city council of a city and county. (55) “Governmental unit”, as used in section 19-2-303, means any county, city and county, city, town, judicial district attorney office, or school district. (56)(a) “Grandparent” means a person who is the parent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage. (b) “Grandparent”, as used in sections 19-1-117 and 19-1-117.5, has the same meaning as set forth in paragraph (a) of this subsection (56); except that “grandparent” does not include the parent of a child's legal father or mother whose parental rights have been terminated in accordance with sections 19-5-101 and 19-1-104(1)(d). (57) “Grievance”, as used in section 19-3-211, means a dispute between a complainant and a county department concerning the conduct of county department personnel in performing their duties pursuant to article 3 of this title. (58) “Group care facilities and homes” means places other than foster family care homes providing care for small groups of children that are licensed as provided in article 6 of title 26, C.R.S., or meet the requirements of section 27-10.5-109, C.R.S. (59) “Guardian ad litem” means a person appointed by a court to act in the best interests of a person whom the person appointed is representing in proceedings under this title and who, if appointed to represent a person in a dependency and neglect proceeding under article 3 of this title, shall be an attorney-at-law licensed to practice in Colorado. (60) “Guardianship of the person” means the duty and authority vested by court action to make major decisions affecting a child, including, but not limited to: (a) The authority to consent to marriage, to enlistment in the armed forces, and to medical or surgical treatment; (b) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning the child; (c) The authority to consent to the adoption of a child when the parent-child legal relationship has been terminated by judicial decree; and (d) The rights and responsibilities of legal custody when legal custody has not been vested in another person, agency, or institution. (61) “Habitual juvenile offender”, as used in section 19-2-517, means a juvenile offender who has previously been twice adjudicated a juvenile delinquent for separate delinquent acts, arising out of separate and distinct criminal episodes, that constitute felonies. (61.5) “Half-sibling” shall have the same meaning as biological sibling provided in subsection (14) of this section. (62) “Halfway house”, as used in article 2 of this title, means a group care facility for juveniles who have been placed on probation or parole under the terms of this title. (63) “Identifying” means giving, sharing, or obtaining information. (63.5) “Identifying information”, as used in section 19-5-305(3), means copies of any adoption records, as that term is defined in subsection (6.5) of this section, that are in the possession of the child placement agency. “Identifying information” also includes the name of the adoptee before placement in adoption; the name and address of each consenting birth parent as they appear in the birth records; the current name, address, and telephone number of the adult adoptee; and the current name, address, and telephone number of each consenting birth parent to the extent such information is available to the child placement agency. (64) “Imminent placement out of the home”, as used in section 19-1-116(2), means that without intercession the child will be placed out of the home immediately. (65) “Independent living” means a form of placement out of the home arranged and supervised by the county department of social services wherein the child is established in a living situation designed to promote and lead to the child's emancipation. Independent living shall only follow some other form of placement out of the home. (65.3) “Indian child” means an unmarried person who is younger than eighteen years of age and who is either: (a) A member of an Indian tribe; or (b) Eligible for membership in an Indian tribe and who is the biological child of a member of an Indian tribe. (65.5) “Indian child's tribe” means: (a) The Indian tribe in which an Indian child is a member or eligible for membership; or (b) In the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the most significant contacts. (65.7) “Indian tribe” means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the federal governmental services provided to Indians because of their status as Indians. (66) “Institutional abuse”, as used in part 3 of article 3 of this title, means any case of abuse, as defined in subsection (1) of this section, that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. “Facility” includes, but is not limited to, family child care homes, foster care homes, and any other facility subject to the Colorado “Child Care Licensing Act” and described in section 26-6-102, C.R.S. “Institutional abuse” shall not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided shall be institutional abuse. (67) “Intrafamilial abuse”, as used in part 3 of article 3 of this title, means any case of abuse, as defined in subsection (1) of this section, that occurs within a family context by a child's parent, stepparent, guardian, legal custodian, or relative, by a spousal equivalent, as defined in subsection (101) of this section, or by any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising authority over or care for the child; except that “intrafamilial abuse” shall not include abuse by a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child. (68) “Juvenile”, as used in article 2 of this title, means a child as defined in subsection (18) of this section. (69) “Juvenile community review board”, as used in article 2 of this title, means any board appointed by a board of county commissioners for the purpose of reviewing community placements under article 2 of this title. The board, if practicable, shall include but not be limited to a representative from a county department of social services, a local school district, a local law enforcement agency, a local probation department, a local bar association, the division of youth corrections, and private citizens. (70) “Juvenile court” or “court” means the juvenile court of the city and county of Denver or the juvenile division of the district court outside of the city and county of Denver. (71) “Juvenile delinquent”, as used in article 2 of this title, means a juvenile who has been found guilty of a delinquent act. (71.5) “Kinship adoption”, as used in part 2 of article 5 of this title, means an adoption of a child by a relative of the child and such relative's spouse, as required under section 19- 5-202(3), who: (a) Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin; and (b) Has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title. (72) “Law enforcement officer” means a peace officer, as described in section 16-2.5- 101, C.R.S. (73)(a) “Legal custody” means the right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care. “Legal custody” may be taken from a parent only by court action. (b) For purposes of determining the residence of a child as provided in section 22-1- 102(2)(b), C.R.S., guardianship shall be in the person to whom legal custody has been granted by the court. (73.5)(a) “Legal representative”, as used in sections 19-5-304 and 19-5-305, means the person designated by a court to act on behalf of any person described in section 19-5- 304(1)(b)(I) or 19-5-305(2). (b) For purposes of the term “legal representative”, as used in section 19-5-304 and 19-5- 305 and as defined in paragraph (a) of this subsection (73.5), “legal guardian” shall not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity. (74) “Local law enforcement agency”, as used in part 3 of article 3 of this title, means a police department in incorporated municipalities or the office of the county sheriff. (75) “Locating” means engaging in the process of searching for or seeking out. (76) “Mental health hospital placement prescreening” means a face-to-face mental health examination, conducted by a mental health professional, to determine whether a child should be placed in a facility for evaluation pursuant to section 27-10-105 or 27-10-106, C.R.S., and may include consultation with other mental health professionals and review of all available records on the child. (77) “Mental health professional” means a person licensed to practice medicine or psychology in this state or any person on the staff of a facility designated by the executive director of the department of human services for seventy-two-hour treatment and evaluation authorized by the facility to do mental health hospital placement prescreenings and under the supervision of a person licensed to practice medicine or psychology in this state. (77.5) “Need to know”, as used in section 19-1-303, means agencies or individuals who need access to certain information for the care, treatment, supervision, or protection of a child. (78) “Neglect”, as used in part 3 of article 3 of this title, means acts that can reasonably be construed to fall under the definition of child abuse or neglect as defined in subsection (1) of this section. (78.5) “Newborn child” means a child who is less than seventy-two hours old. (79) “Nongovernmental agency”, as used in section 19-2-303, means any person, private nonprofit agency, corporation, association, or other nongovernmental agency. (80) “Nonidentifying information”, as used in part 4 of article 5 of this title, means information that does not disclose the name, address, place of employment, or any other material information that would lead to the identification of the birth parents and that includes, but is not limited to, the following: (a) The physical description of the birth parents; (b) The educational background of the birth parents; (c) The occupation of the birth parents; (d) Genetic information about the birth family; (e) Medical information about the adult adoptee's birth; (f) Social information about the birth parents; (g) The placement history of the adoptee. (81) “Nonpublic agency interstate and foreign adoption”, as used in section 19-5-205.5, means an interstate or foreign adoption that is handled by a private, licensed child placement agency. (82)(a) “Parent” means either a natural parent of a child, as may be established pursuant to article 4 of this title, or a parent by adoption. (b) “Parent”, as used in sections 19-1-114, 19-2-514, and 19-2-515, includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. For the purposes of section 19-1-114, “parent” does not include a person whose parental rights have been terminated pursuant to the provisions of this title or the parent of an emancipated minor. (83) Deleted by Laws 1996, H.B.96-1005, § 12, eff. Jan. 1, 1997. (83.5) “Permanency hearing” means a hearing in which the permanency plan for a child in foster care is determined by the court. (84) “Physical custodian”, as used in section 19-2-511, means a guardian, whether or not appointed by court order, with whom the juvenile has resided. (85) “Placement out of the home” means placement for twenty-four-hour residential care in any facility or center operated or licensed by the department of human services, but the term does not include any placement that is paid for totally by private moneys or any placement in a home for the purposes of adoption in accordance with section 19-5-205. “Placement out of the home” may be voluntary or court-ordered. “Placement out of the home” includes independent living. (85.5)(a) “Post-adoption record”, as used in part 3 of article 5 of this title, means information contained in the files subsequent to the completion of an adoption proceeding. (b) The post-adoption record may contain information concerning, but not limited to: (I) The written inquiries from persons requesting access to records; (II) The search efforts of the confidential intermediary; (III) The response, if any, to those search efforts by the persons sought; (IV) Any updated medical information gathered pursuant to part 3 of article 5 of this title; and (V) Any personal identifying information concerning any persons subject to the provisions of part 3 of article 5 of this title. (86) “Prevention program”, as used in article 3.5 of this title, means a program of direct child abuse prevention services to a child, parent, or guardian and includes research or education programs related to the prevention of child abuse. Such a prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk. (87) “Protective supervision” means a legal status created by court order under which the child is permitted to remain in the child's home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court. (87.5) “Public adoption”, as used in part 2 of article 5 of this title, means an adoption involving a child who is in the legal custody and guardianship of the county department of social services that has the right to consent to adoption for that child. (88) Deleted by Laws 1996, H.B.96-1005, § 12, eff. Jan. 1, 1997. (89) “Reasonable efforts”, as used in articles 1, 2, and 3 of this title, means the exercise of diligence and care throughout the state of Colorado for children who are in out-of- home placement, or are at imminent risk of out-of-home placement. In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required to prevent unnecessary placement of a child outside of a child's home or to foster the safe reunification of a child with a child's family, as described in section 19-3-208, or whether it is appropriate to find and finalize an alternative permanent plan for a child, and in making reasonable efforts, the child's health and safety shall be the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (89). Nothing in this subsection (89) shall be construed to conflict with federal law. (90) “Receiving center”, as used in article 2 of this title, means a facility used to provide temporary detention and care for juveniles by the department of human services pending placement in a training school, camp, or other facility. (91) “Recipient”, as used in article 3.5 of this title, means and is limited to a nonprofit or public organization that receives a grant from the trust fund created in section 19-3.5-106. (91.5) “Record”, as used in section 19-4-106, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (91.7) “Register of actions” means those portions of the electronic case management system necessary to carry out a statutory purpose or the duties of a court appointment. (92) “Residential community placement”, as used in article 2 of this title, means any placement for residential purposes permitted under this title except in an institutional facility directly operated by, or a secure facility under contract with, the department of human services and except while a juvenile is under the jurisdiction of the juvenile parole board. (93) “Residual parental rights and responsibilities”, as used in article 3 of this title, means those rights and responsibilities remaining with the parent after legal custody, guardianship of the person, or both have been vested in another person, agency, or institution, including, but not necessarily limited to, the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child's religious affiliation. (94) “Responsible person”, as used in part 3 of article 3 of this title, means a child's parent, legal guardian, or custodian or any other person responsible for the child's health and welfare. (94.1) “Restorative justice” means those practices that emphasize repairing the harm to the victim and the community caused by criminal acts. Restorative justice practices may include victim-offender conferences attended voluntarily by the victim, a victim advocate, the offender, community members, and supporters of the victim or the offender that provide an opportunity for the offender to accept responsibility for the harm caused to those affected by the crime and to participate in setting consequences to repair the harm. Consequences recommended by the participants may include, but need not be limited to, apologies, community service, restoration, and counseling. The selected consequences are incorporated into an agreement that sets time limits for completion of the consequences and is signed by all participants. (94.2) “Reunited parties”, as used in section 19-5-305, means any two persons who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304(1)(b)(I). (94.3) “School”, as used in sections 19-1-303 and 19-1-304, means a public or parochial or other nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. “Basic academic education” has the same meaning as set forth in section 22-33-104(2)(b), C.R.S. (94.5) “Screening team” means the person or persons designated, pursuant to rule 3.7 of the Colorado rules of juvenile procedure, by the chief judge in each judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court to make recommendations to the juvenile court concerning whether a juvenile taken into temporary custody should be released or admitted to a detention or shelter facility pursuant to section 19-2-508. (95) “Sentencing hearing”, as used in article 2 of this title, means a hearing to determine what sentence shall be imposed on a juvenile delinquent or what other order of disposition shall be made concerning a juvenile delinquent, including commitment. Such hearing may be part of the proceeding that includes the adjudicatory trial, or it may be held at a time subsequent to the adjudicatory trial. (96) “Services”, as used in section 19-2-303, may include, but is not limited to, provision of diagnostic needs assessment, general counseling and counseling during a crisis situation, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities. (97) “Sexual conduct”, as used in section 19-3-304(2.5), means any of the following: (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals; (b) Penetration of the vagina or rectum by any object; (c) Masturbation; (d) Sexual sadomasochistic abuse. (98) “Shelter” means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement. (98.5) “Sibling group”, as used in article 3 and article 5 of this title, means biological siblings who have been raised together or have lived together. (99) “Special county attorney”, as used in article 3 of this title, means an attorney hired by a county attorney or city attorney of a city and county or hired by a county department of social services with the concurrence of the county attorney or city attorney of a city and county to prosecute dependency and neglect cases. (100) “Special respondent”, as used in article 3 of this title, means any person who is not a parent, guardian, or legal custodian and who is involuntarily joined as a party in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan. (101) “Spousal equivalent” means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent. (101.5) “Staff secure facility” means a group facility or home at which each juvenile is continuously under staff supervision and at which all services, including but not limited to education and treatment, are provided on site. A staff secure facility may or may not be a locked facility. (101.7) “Standardized mental illness screening” means the mental illness screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102, C.R.S. (102) “State board”, as used in part 3 of article 3 of this title, means the state board of human services. (103) “State department”, as used in section 19-3-211 and part 3 of article 3 of this title, means the department of human services created by section 24-1-120, C.R.S. (103.5) “State registrar” means the state registrar of vital statistics in the department of public health and environment. (103.7) “Status offense” shall have the same meaning as is defined in federal law in 28 CFR 31.304, as amended. (104) “Stepparent” means a person who is married to a parent of a child but who has not adopted the child. (105) “Technical violation”, as used in section 19-2-803, means a reasonable, good faith reliance upon a statute that is later ruled unconstitutional, a warrant that is later invalidated due to a good faith mistake, or a court precedent that is later overruled. (106) “Temporary holding facility” means an area used for the temporary holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area that houses adult offenders. (107) “Termination of the parent-child legal relationship”, as used in articles 3 and 5 of this title, means the permanent elimination by court order of all parental rights and duties, including residual parental rights and responsibilities, as provided in section 19-3-608. (108) “Third-party abuse”, as used in part 3 of article 3 of this title, means a case in which a child is subjected to abuse, as defined in subsection (1) of this section, by any person who is not a parent, stepparent, guardian, legal custodian, spousal equivalent, as defined in subsection (101) of this section, or any other person not included in the definition of intrafamilial abuse, as defined in subsection (67) of this section. (109) “Training school”, as used in article 2 of this title, means an institution providing care, education, treatment, and rehabilitation for juveniles in a closed setting and includes a regional center established in part 3 of article 10.5 of title 27, C.R.S. (110) “Trust fund”, as used in article 3.5 of this title, means the Colorado children's trust fund created in section 19-3.5-106. (111) “Unfounded report”, as used in part 3 of article 3 of this title, means any report made pursuant to article 3 of this title that is not supported by a preponderance of the evidence. (111.5) “Updated medical history statement” means a written narrative statement dated and signed by a birth parent about the medical history of the birth parent or other biological relatives of the adoptee that can be voluntarily submitted by the birth parent to the state registrar for future disclosure to the birth parent's adult child who is an adult adoptee or an adult descendant of the adoptee or legal representative of such person in accordance with the provisions of section 19-5-305(1.5). (112) “Victim”, as used in article 2 of this title, means the party immediately and directly aggrieved by the juvenile, that party's spouse, the party's parent, sibling, or child who is living with the party, a victim compensation board that has paid a victim compensation claim, a person or entity who has suffered losses because of a contractual relationship with such party, including, but not limited to, an insurer, or because of liability under section 14-6-110, C.R.S., or, in the absence of any of the above, the state. CREDIT(S) Repealed and reenacted by Laws 1987, S.B.144, § 1, eff. Oct. 1, 1987. Amended by Laws 1988, H.B.1004, § 1, eff. July 1, 1988; Laws 1988, H.B.1024, § 1, eff. March 18, 1988; Laws 1988, S.B.180, § 1, eff. July 1, 1988; Laws 1989, H.B.1090, § 1, eff. April 23, 1989; Laws 1990, S.B.90-61, § 3, eff. July 1, 1990; Laws 1991, H.B.91-1255, § 5, eff. May 31, 1991; Laws 1992, H.B.92-1287, § 2, eff. July 1, 1992; Laws 1993, H.B.93-1317, § 64, eff. July 1, 1994; Laws 1994, H.B.94-1029, § 144, eff. July 1, 1994; Laws 1994, H.B.94-1141, § 5, eff. April 28, 1994. Repealed and reenacted by Laws 1996, H.B.96- 1019, § 1, eff. March 20, 1996. Amended by Laws 1996, H.B.96-1005, § 12, eff. Jan. 1, 1997; Laws 1996, H.B.96-1006, §§ 13, 15, eff. July 1, 1996; Laws 1996, H.B.96-1017, § 10, eff. Jan. 1, 1997; Laws 1996, H.B.96-1198, § 12, eff. Jan. 1, 1997; Laws 1996, S.B.96-30, § 1, eff. May 23, 1996; Laws 1997, H.B.97-1293, § 2, eff. July 1, 1997; Laws 1997, S.B.97-83, § 14, eff. July 1, 1997; Laws 1997, S.B.97-218, § 6, eff. July 1, 1997; Laws 1998, Ch. 310, § 60, eff. Feb. 1, 1999; Laws 1998, Ch. 311, § 2, eff. July 1, 1998; Laws 1999, Ch. 186, § 21, eff. Aug. 4, 1999; Laws 1999, Ch. 233, § 2, eff. July 1, 1999; Laws 1999, Ch. 259, § 6, eff. May 29, 1999; Laws 1999, Ch. 270, §§ 1, 2, eff. June 1, 1999; Laws 1999, Ch. 283, § 1, eff. July 1, 1999; Laws 2000, Ch. 106, § 7, eff. April 7, 2000; Laws 2000, Ch. 137, § 1, eff. July 1, 2000; Laws 2000, Ch. 281, § 1, eff. July 1, 2000; Laws 2000, Ch. 353, § 6, eff. June 1, 2000; Laws 2000, Ch. 374, § 9, eff. June 2, 2000; Laws 2001, Ch. 241, § 2, eff. June 1, 2001; Laws 2001, Ch. 242, § 1, eff. July 1, 2001; Laws 2002, Ch. 177, § 1, eff. May 24, 2002; Laws 2002, Ch. 179, § 4, eff. May 24, 2002; Laws 2002, Ch. 217, § 2, eff. May 30, 2002; Laws 2002, Ch. 297, § 43, eff. July 1, 2002; Laws 2002, Ch. 322, § 29, eff. July 1, 2002; Laws 2003, Ch. 91, § 1, eff. July 1, 2003; Laws 2003, Ch. 163, § 54, eff. July 1, 2003; Laws 2003, Ch. 196, § 5, eff. Jan. 1, 2004; Laws 2003, Ch. 242, §§ 28, 36, eff. Aug. 6, 2003; Laws 2003, Ch. 315, § 32, eff. May 22, 2003; Laws 2004, Ch. 140, § 3, eff. July 1, 2004; Laws 2004, Ch. 241, § 2, eff. May 21, 2004; Laws 2005, Ch. 166, § 1, eff. July 1, 2005; Laws 2005, Ch. 250, § 3, eff. July 1, 2005; Laws 2006, Ch. 82, § 1, eff. Mar. 31, 2006; Laws 2006, Ch. 134, § 1, eff. April 18, 2006; Laws 2007, Ch. 351, § 2, eff. May 31, 2007; Laws 2008, Ch. 76, § 1, eff. March 31, 2008; Laws 2008, Ch. 290, § 2, eff. Aug. 5, 2008. HISTORICAL AND STATUTORY NOTES 2009 Electronic Update Laws 2005, Ch. 166, § 1, added subpar. (1)(a)(VII). Laws 2005, Ch. 166, § 4, provides: “Effective date--applicability. This act shall take effect July 1, 2005, and shall apply to actions filed on or after said date.” Laws 2005, Ch. 250, § 3, inserted subsec. (6.7); in subsec. (9), substituted “parts 3 and 4” for “part 4” and “eighteen years” for “twenty-one years”; in subsec. (13), inserted “or ‘birth parent’ ”; and inserted subsecs. (28.6), (28.7), (103.5), and (111.5). Laws 2006, Ch. 82, § 1, added subsec. (103.7) and in subsec. (106), substituted “staff- secure setting” for “staff-secure or physically secure setting”. Laws 2006, Ch. 134, § 1, in subsec. (51.3), substituted “kinship care placement or certified or licensed facility, or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement” for “certified or licensed facility,”. Laws 2007, Ch. 351, § 2, rewrote subsec. (30), which previously read: “(30) ‘Cost of care’, as used in section 19-2-114, means the cost to the department or the county charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses to a juvenile sentenced to a placement out of the home, as determined by the court.” Laws 2008, Ch. 76, § 1, in subsec. (44), added the last sentence; and added subsec. (94.1). Laws 2008, Ch. 290, § 2, inserted subsecs. (31.5) and (91.7). 1999 Main Volume Laws 1988, H.B.1004, § 1, inserted the definition of “diversion”. Laws 1988, H.B.1024, § 1, inserted the definition of “assessment instrument”. Laws 1988, S.B.180, § 1, in the definition of “adult”, substituted “juvenile” for “child”. The 1989 amendment added the definition of “temporary holding facility”. The 1990 amendment, in the definition of “designated adoption”, in par. (b), substituted “section 19-1-122” for “sections 19-5-106 and 19-5-215”. The 1991 amendment added the definition of “Grandparent”. The 1992 amendment inserted subsec. (2.5). The 1993 amendment, in subsec. (22), substituted “department of human services” for “department of social services or the department of institutions”. Laws 1993, H.B.93-1317, § 1, provides: “Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the administration and delivery systems for health and human services in this state are under significant stress. The general assembly recognizes that budget constraints may provide the impetus for major system modifications. It is the intent of the general assembly that this bill establish a framework for innovative and effective reforms of the administration and delivery systems for health and human services in this state. “(2) It is the intent of the General Assembly to improve the effectiveness, efficiency, and accountability of the health and human services systems in Colorado by restructuring those systems and reorganizing the functions of the departments of social services, institutions, and health and providing for a separation of the policy determination functions, the provision of services, and the licensing of certain providers of health and human services. “(3) The general assembly intends that this bill be a vehicle for cost-effective and efficiency reforms. The general assembly has therefore provided that the executive directors of the departments of social services, institutions, and health or the departments of health care policy and financing, human services, and public health and environment, as appropriate, in cooperation with a restructuring steering committee made up of state, local, consumer, provider, and other representatives develop and submit a plan for the restructuring and reorganization of the health and human services systems. The plan is to be established over the next year and is to include the following: “(a) State and local level integration of policies, budgets, administrative staffs, data systems, and the like, within program areas serving similar client needs; “(b) The development of options, opportunities, and incentives for human service delivery, local reforms, and restructuring, with the full participation and leadership of individuals at the local level and in an effort to provide increased flexibility for local areas to design and implement new ways of administering and delivering health and human services. “(4) The general assembly recognizes that the most efficient restructuring of the administration and delivery of health and human services may include reorganization affecting departments not currently included in this bill. The general assembly has therefore provided that the executive directors of the departments of health care policy and financing, human services, and public health and environment conduct a feasibility study of the methods for restructuring state government in connection with the administration and delivery of health and human services which may include the transfer of functions or divisions to or from departments other than those departments specifically included in this bill. A report on the results of the feasibility study is to be submitted to the general assembly for consideration. “(5) For the purposes set forth herein, effective July 1, 1994, the departments of social services and institutions will be abolished, and certain human services programs which were in the department of health will be transferred. Specifically, the following departments will be created and the following programs will be transferred: “(a) A new department, the department of health care policy and financing, will be created. It is the intent of the general assembly that the department of health care policy and financing be responsible for policy determinations in connection with the delivery of medical assistance. The “Colorado Medical Assistance Act”, the “Reform Act for the Provision of Health Care for the Medically Indigent”, “The Colorado Care Health Insurance Program”, the “Colorado Health Data Commission Act”, the adult foster care program, the home care allowance program, and the treatment program for high-risk pregnant women are to be administered by the department of health care policy and financing. “(b) A second new department, the department of human services, will be created. It is the intent of the general assembly that the department of human services shall be responsible for public assistance and shall oversee the delivery of medical assistance services at the local level. To this end, all of the functions of the former department of social services and the former department of institutions, other than those which are specifically set forth in paragraph (a) of this subsection (5), will be transferred to the department of human services. “(c) The alcohol and drug abuse division of the department of health will be transferred to the new department of human services, in recognition that providing a family with human services includes providing treatment and prevention programs to members of the family who are addicted to alcohol or drugs. “(d) The department of health will be renamed the department of public health and environment in an effort to better define the new role of the department. It is the intent of the general assembly that the department of public health and environment be responsible for licensing certain providers of health and human services. “(6) The bill is set out in the following order: “(a) Title 24--amendments to establish the restructuring process; “(b) Title 24--amendments to the Administrative Organization Act; “(c) Title 25--amendments which change the name of the department of health to the department of public health and environment; “(d) A new title 25.5--creating the department of health care policy and financing; “(e) Titles 26 and 27--amendments creating the department of human services.” Laws 1994, H.B.94-1029, § 144, substituted references to the department of human services for references to the department of institutions and department of social services throughout the section. Laws 1994, H.B.94-1029, § 1, provides: “Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: “(a) H.B. 93-1317, enacted at the First Regular Session of the Fifty-ninth General Assembly, began the restructuring of the health and human services delivery systems in Colorado; “(b) H.B. 93-1317 abolished the department of social services and the department of institutions, created the new department of human services and the department of health care policy and financing, and renamed the department of health the department of public health and environment; “(c) H.B. 93-1317 provided that the departmental changes were effective on July 1, 1994, and included only the substantive conforming amendments necessary to accomplish these changes; “(d) Additional substantive and conforming amendments are necessary to complete the changes related to the restructuring of human services delivery systems that originated in H.B. 93-1317; “(e) The draft of the conforming amendments to existing law is approximately two hundred pages in length, and additional conforming amendments will need to be prepared to make necessary changes to bills going through the legislative process during the 1994 legislative session; and “(f) As long as copies of the conforming amendments are available to anyone who wishes to review them and as long as the members of the general assembly receive a complete version of the amendments prior to final passage of the bill, it is not necessary for the conforming amendments to be included in the original bill but only a representation of the types of amendments which will be made. “(2) It is the intent of the general assembly that this bill will be the vehicle for passage of the amendments necessary to complete the changes related to the restructuring of human services delivery systems that originated in H.B. 93-1317.” Laws 1994, H.B.94-1141, § 5, inserted subsec. (12.3). Laws 1994, H.B.94-1141, § 11, provides: “Effective date--applicability. This act shall take effect upon passage and shall apply to acts committed on or after said date.” Laws 1996, H.B.96-1019, § 1, rewrote this section, which prior thereto read: “As used in this title, unless the context otherwise requires: “(1) ‘Adjudicatory hearing’ means a hearing to determine whether the allegations of a petition in dependency and neglect are supported by the evidence. “(2) ‘Adjudicatory trial’ means a trial to determine whether the allegations of a petition in delinquency are supported by the evidence. “(2.5) ‘Administrative review’ means a review conducted by the state department of human services which is open to the participation of the parents of the child and conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. “(3) ‘Adult’ means a person eighteen years of age or older; except that any person eighteen years of age or older who is under the continuing jurisdiction of the court, who is before the court for an alleged delinquent act committed prior to his eighteenth birthday, or concerning whom a petition has been filed for his adoption other than under this title shall be referred to as a juvenile. “(3.5) ‘Assessment instrument’ means an objective tool used to collect pertinent information regarding a juvenile taken into temporary custody in order to determine the appropriate level of security, supervision, and services pending adjudication. “(4) ‘Child’ means a person under eighteen years of age. “(5) ‘Child care center’ means a child care center licensed and approved pursuant to article 6 of title 26, C.R.S. If such facility is located in another state, it shall be designated by the department of human services upon certification that no appropriate available space exists in a child care facility in this state and shall be licensed or approved as required by law in that state. “(6) ‘Child placement agency’ means an agency licensed or approved pursuant to law. If such agency is located in another state, it shall be licensed or approved as required by law in that state. “(7) ‘Counsel’ means an attorney-at-law who acts as a person's legal advisor or who represents a person in court. “(8) ‘Custodian’ means a person who has been providing shelter, food, clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court. “(9) ‘Deprivation of custody’ means the transfer of legal custody by the court from a parent or a previous legal custodian to another person, agency, or institution. “(9.5) ‘Designated adoption’ means an adoption in which: “(a) The birth parent or parents designate a specific applicant with whom they wish to place their child for purposes of adoption; and “(b) The anonymity requirements of section 19-1-122 are waived. “(10) ‘Detention’ means the temporary care of a child who requires secure custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment. “(11) ‘Dispositional hearing’ means a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent. Such hearing may be part of the proceeding which includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing. “(11.5) ‘Diversion’ means a decision made by a person with authority or a delegate of that person which results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing individually designed services by a specific program. The goal of ‘diversion’ is to prevent further involvement of the juvenile or child in the formal legal system. ‘Diversion’ of a juvenile or child may take place either at the prefiling level as an alternative to the filing of a petition pursuant to section 19-2-304 or at the postadjudication level as an adjunct to probation services following an adjudicatory hearing pursuant to section 19-3-505 or a disposition as a part of sentencing pursuant to section 19-2-703. ‘Services', as used in this subsection (11.5), includes but is not limited to diagnostic needs assessment, restitution programs, community service, job training and placement, specialized tutoring, constructive recreational activities, general counseling and counseling during a crisis situation, and follow-up activities. “(12) ‘Family care home’ means a family care home licensed and approved pursuant to article 6 of title 26, C.R.S. If such facility is located in another state, it shall be designated by the department of human services upon certification that no appropriate available space exists in a facility in this state and shall be licensed or approved as required by law in that state. “(12.3) ‘Fire investigator’ means a person who: “(a) Is an officer or member of a fire department, fire protection district, or fire fighting agency of the state or any of its political subdivisions; “(b) Is engaged in conducting or is present for the purpose of engaging in the conduct of a fire investigation; and “(c) Is either a volunteer or is compensated for services rendered by the person. “(12.5) ‘Grandparent’ means a person who is the parent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage. “(13) ‘Group care facilities and homes' means places other than foster family care homes providing care for small groups of children which are licensed as provided in article 6 of title 26, C.R.S., or meet the requirements of section 27-10.5-109, C.R.S. “(14) ‘Guardian ad litem’ means a person who is appointed by a court to act in the best interests of a person whom he is representing in proceedings under this title and who, if appointed to represent a person in a dependency and neglect proceeding under article 3 of this title, shall be an attorney-at-law licensed to practice in Colorado. “(15) ‘Guardianship of the person’ means the duty and authority vested by court action to make major decisions affecting a child, including, but not limited to: “(a) The authority to consent to marriage, to enlistment in the armed forces, and to medical or surgical treatment; “(b) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning the child; “(c) The authority to consent to the adoption of a child when the parent-child legal relationship has been terminated by judicial decree; and “(d) The rights and responsibilities of legal custody when legal custody has not been vested in another person, agency, or institution. “(15.5) ‘Identifying’ means giving, sharing, or obtaining information. “(16) ‘Independent living’ means a form of placement out of the home arranged and supervised by the county department of social services wherein the child is established in a living situation designed to promote and lead to his emancipation. ‘Independent living’ shall only follow some other form of placement out of the home. “(17) ‘Juvenile court’ or ‘court’ means the juvenile court of the city and county of Denver or the juvenile division of the district court outside of the city and county of Denver. “(17.5) ‘Law enforcement officer’ means a peace officer, as defined in section 18-1- 901(3)(l)(I), (3)(l)(II), and (3)(l)(III), C.R.S. “(18)(a) ‘Legal custody’ means the right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care. ‘Legal custody’ may be taken from a parent only by court action. “(b) For purposes of determining the residence of a child as provided in section 22-1- 102(2)(b), C.R.S., guardianship shall be in the person to whom ‘legal custody’ has been granted by the court. “(18.5) ‘Locating’ means engaging in the process of searching for or seeking out. “(19) ‘Mental health prescreening’ means a face-to-face mental health examination, conducted by a mental health professional, to determine whether a child should be placed in a facility for evaluation pursuant to section 27-10-105 or 27-10-106, C.R.S., and may include consultation with other mental health professionals and review of all available records on the child. “(20) ‘Mental health professional’ means a person licensed to practice medicine or psychology in this state or any person on the staff of a facility designated by the executive director of the department of human services for seventy-two-hour treatment and evaluation who has been authorized by the facility to do mental health prescreenings and who is under the supervision of a person licensed to practice medicine or psychology in this state. “(21) ‘Parent’ means either a natural parent of a child, as may be established pursuant to article 4 of this title, or a parent by adoption. “(22) ‘Placement out of the home’ means placement for twenty-four-hour residential care in any facility or center operated or licensed by the department of human services, but the term does not include any placement which is paid for totally by private moneys or any placement in a home for the purposes of adoption in accordance with section 19-5-205. ‘Placement out of the home’ may be voluntary or court-ordered. ‘Placement out of the home’ includes independent living. “(23) ‘Protective supervision’ means a legal status created by court order under which the child is permitted to remain in his home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court. “(24) ‘Shelter’ means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement. “(25) ‘Spousal equivalent’ means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent. “(26) ‘Stepparent’ means a person who is married to a parent of a child, but who has not adopted the child. “(27) ‘Temporary holding facility’ means an area used for the temporary holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure or physically secure setting. Such an area must be separated by sight and sound from any area which houses adult offenders.” Laws 1996, H.B.96-1005, § 12, in par. (1)(b), in the second sentence, substituted “section 19-2-502” for “section 19-2-201”; rewrote subsec. (2), which prior thereto read: “With respect to a juvenile who has been found guilty of a delinquent act and is a juvenile delinquent, ‘adjudication’, as used in article 2 of this title, means conviction when a previous conviction must be pled and proved as an element of an offense.”; in subsec. (12), substituted “place and date of birth,” for “birth date,”, inserted “social security number, occupation and address of employment, last school attended,”, “photograph, handwritten signature,”, and “, and any known aliases”, and deleted “and” preceding “fingerprints”; in subsec. (30), substituted “section 19-2-114” for “section 19- 2-705.5”; in subsec. (36), in the first sentence, substituted “section 19-2-104(1)(a)” for “section 19-2-102(1)(a)”; inserted subsec. (40.5); in subsec. (44), in the third sentence, substituted “section 19-2-512” for “section 19-2-304”, and “section 19-2-907” for “section 19-2-703”; in subsec. (45), in the first sentence, substituted “ ‘Emancipated juvenile’, as used in section 19-2-511,” for “An ‘emancipated juvenile’, as used in section 19-2-210(2),”; deleted former subsec. (46), which read: “ ‘Emancipated minor’ ”, as used in sections 19-1-114 and 19-2-306, has the same meaning as set forth in section 13-21-107.5, C.R.S.”; in subsec. (47), redesignated the former text as par. (47)(a); in par. (47)(a), substituted “section 19-2-114” for “section 19-2-705.5”; added par. (47)(b); deleted former subsec. (50), which read: “ ‘Family development specialist’, as used in section 19-2-705.6, has the same meaning as set forth in section 26-5.5-104(4)(b), C.R.S.”; in subsec. (52), substituted “sections 19-2-205 and 19-2-508” for “sections 19-2- 204(4)(e) and 19-2-1111(2)(d)”; in subsec. (53), substituted “section 19-2-803” for “section 19-2-209”; in subsec. (61), substituted “section 19-2-517” for “section 19-2- 805”; in subsec. (69), in the first sentence, deleted “part 13 of” preceding “article 2 of this title” twice, and in the second sentence, substituted “division of youth corrections” for “division of youth services”; in par. (82)(b), in the first sentence, substituted “sections 19- 1-114, 19-2-514, and 19-2-515” for “sections 19-1-114, 19-2-306, and 19-2-307”; deleted former subsec. (83), which read: “ ‘Peace officer’, as used in section 19-2-209, has the same meaning as set forth in section 18-1-901(3)(l), C.R.S.”; in subsec. (84), substituted “section 19-2-511” for “section 19-2-210”, and deleted “for more than six months, excluding an individual providing foster or institutional care” from the end; deleted former subsec. (88), which read: “ ‘Public employee’, as used in the ‘Colorado Governmental Immunity Act’, article 10 of title 24, C.R.S., does not include any juvenile ordered to participate in a work or community service program under section 19-2-706.”; in subsec. (92), deleted “part 13 of” preceding “article 2 of this title”, and substituted “juvenile” for “child”; inserted subsec. (94.5); in subsec. (95), in the first sentence, added “, including commitment”; in subsec. (96), inserted “day reporting and day treatment programs,”; inserted subsec. (101.5); and in subsec. (105), substituted “section 19-2-803” for “section 19-2-209”. Laws 1996, H.B.96-1006, §§ 13, 15, in subsec. (49), in the first sentence, inserted “child” in two places; inserted subsec. (51.5); and in subsec. (66), rewrote the second sentence, which prior thereto read: “ ‘Facility’ includes but is not limited to, any facility subject to the Colorado ‘Child Care Act’ and which is defined in section 26-6-102, C.R.S.”. Laws 1996, H.B.96-1017, § 10, inserted subsec. (16.5); in subsec. (48), in the first sentence, inserted “juvenile delinquency”, and deleted the second sentence, which read: “Upon the entry of an expungement order, the person, agency, and court may property indicate that no record exists.”; and inserted subsec. (77.5). Laws 1996, H.B.96-1198, § 12, added subsec. (112). Laws 1996, H.B.96-1198, § 14, provides: “Effective date--applicability. This act shall take effect upon passage and shall apply to all orders entered on or after said date and all delinquencies of orders existing on and after said date; except that sections 8 and 9 shall take effect on January 1, 1997, only if House Bill 96-1037 becomes law and except that sections 10, 11, and 12 shall take effect on January 1, 1997, only if House Bill 96-1005 becomes law [so enacted].” Laws 1996, S.B.96-30, § 1, inserted subsecs. (34.3) and (34.5). Laws 1997, H.B.97-1293, § 2, in par. (32)(a), inserted “this article and”. Laws 1997, H.B.97-1293, § 4, provides: “Effective date--applicability. This act shall take effect July 1, 1997, and shall apply to children placed out of home on or after July 1, 1999.” Laws 1997, S.B.97-83, § 14, deleted par. (8)(b), which read: “ ‘Adult’, as used in part 3 of article 5 of this title, means a person twenty-one years of age or older.”; in subsec. (37), deleted “part 4 of” preceding “article 5 of”; and inserted subsec. (61.5). Laws 1997, S.B.97-218, § 6, inserted subpar. (1)(a)(IV); redesignated former subpar. (1)(a)(IV) as subpar. (1)(a)(V); and rewrote subsecs. (23), (25), and (57), which prior thereto read: “(23) ‘Citizen review panel’, as used in section 19-3-211, means the panel created in a county by the board of county commissioners or in a city and county by the city council that shall review and render decisions regarding grievances between a complainant and a county department.” “(25) ‘Complainant’, as used in section 19-3-211, means the person bringing a grievance against a county department.” “(57) ‘Grievance’, as used in section 19-3-211, means any dispute between a complainant and a county department concerning such department's response to, investigation of, and recommendations regarding any report of child abuse and neglect pursuant to the provisions of article 3 of this title.” Laws 1998, Ch. 310, § 60, in par. (82)(b), in the first sentence, inserted “or a parent allocated parental responsibilities with respect to a child,”. Laws 1998, Ch. 310, § 85(2), provides: “The provisions of this act shall apply to causes of action filed on or after the effective date of this act and to motions filed on or after the effective date of this act for modifications of previously entered court orders.” Laws 1998, Ch. 311, § 2, inserted subsec. (51.3); and in subsec. (89), in the first sentence, inserted “safe”, and inserted the second sentence. Laws 1999, Ch. 186, § 21, in subsec. (112), substituted “14-6-110” for “14-15-707”. Laws 1999, Ch. 233, § 2, inserted subsec. (24.5). Laws 1999, Ch. 233, §§ 1, 11, provide: “Section 1. Legislative declaration. The general assembly hereby finds, determines, and declares that the federal ‘Adoption Assistance and Child Welfare Act of 1980’, Public Law 96-272, requires the state of Colorado to make ‘reasonable efforts' to prevent the placement of abused and neglected children out of the home and to reunify the family whenever appropriate. Further, the general assembly finds that the federal ‘Adoption and Safe Families Act of 1997’, Public Law 105-89, clarifies what constitutes ‘reasonable efforts' and encourages expedition of permanency planning for children in out-of-home placement. Finally, the general assembly finds that greater clarification is necessary to assure that ‘reasonable efforts' and expedited permanency planning, including the use of administrative reviews, are required for children in the juvenile justice system.” “Section 11. Effective date--applicability. This act shall take effect July 1, 1999, and shall apply to juveniles sentenced to community placement on or after said date.” Laws 1999, Ch. 259, § 6, inserted subsec. (87.5). Laws 1999, Ch. 270, §§ 1, 2, inserted subsecs. (34.7) and (71.5); and in subsec. (107), substituted “articles 3 and 5” for “article 3”. Laws 1999, Ch. 283, § 1, inserted subsec. (6.5); in subsec. (28), in the second sentence, inserted “When used in the context of confidential intermediaries,”, and added the third sentence; and inserted subsecs. (28.5), (63.5), and (85.5). Laws 2000, Ch. 106, § 7 added subsecs. (10.5), (34.6), and (94.3). Laws 2000, Ch. 137, § 1, in subsec. (14), added the second sentence defining “biological sibling”; in par. (32)(a), substituted “part 2, part 3, and part 7” for “part 3” preceding “of article 3” and inserted “and part 3 of article 5 of this Title”; and added subsec. (98.5). Section 10 of Laws 2000, Ch. 137 provides: “Effective date--applicability. This act shall take effect July 1, 2000, and shall apply to foster care placements made on or after said date and to adoptive placements made on or after said date.” Laws 2000, Ch. 281, § 1, rewrote subsec. (28.5); inserted “consenting” following ‘'each” in two instances in subsec. (63.5); and added subsecs. (73.5) and (94.2). Prior to the amendment by Ch. 281, subsec. (28.5) read: “ ‘Consent form’, as used in section 19-5-305 (3), means a verified written statement signed by an adult adoptee or an adult adoptee's birth parent or an adult adoptive parent that has been notarized and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency.” Laws 2000, Ch. 353, § 6 added subsec. (29.5). Laws 2000, Ch. 374, § 7 added subsec. (94.3). Both Laws 2000, Ch. 106, § 7 and Laws 2000, Ch. 374, § 9 enacted subsec. (94.3). The provisions were merged to conform to the state edition. Laws 2001, Ch. 241, § 2, in subsec. (5), substituted “an administrative reviewer who” for “a panel of appropriate persons at least one of whom”; added subsec. (83.5); and rewrote subsec. (89), which had read: “ ‘Reasonable efforts', as used in article 3 of this title, means the exercise of diligence and care throughout the state of Colorado for children who are in out-of-home placement, or are at imminent risk of out-of-home placement, to provide, purchase, or develop the supportive and rehabilitative services to the family that are required both to prevent unnecessary placement of children outside of such children's homes and to foster, whenever appropriate, the safe reunification of children with the families of such children. In determining whether reasonable efforts are appropriate, as described in section 19-3-208, and in making such reasonable efforts, the child's health and safety shall be the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (89). Nothing in this subsection (89) shall be construed to conflict with federal law.” Laws 2001, Ch. 242, § 1, in par. (1)(b), added “including, but not limited to, accepted work-related practices of agricultural communities” to the end of the first sentence; and in subsec. (27), inserted “found by a county department, law enforcement agency, or entity authorized to investigate institutional abuse to be”. Section 5 of Laws 2001, Ch. 242 provides: “Effective date--applicability. This act shall take effect July 1, 2001, and shall apply to procedures related to reports of child abuse or neglect made on or after said date.” Laws 2002, Ch. 177, § 1, and Laws 2002, Ch. 322, § 29 made identical amendments and in subpar. (1)(a)(II), substituted “unlawful sexual behavior as defined in section 18-3- 412.5(1)(b), C.R.S.” for “sexual assault or molestation, sexual exploitation, or prostitution”. Laws 2002, Ch. 179, § 4, in subsecs. (76) and (77) inserted “hospital placement” before “prescreening” and “prescreenings”; and added subsec. (101.7). Laws 2002, Ch. 217, § 2, added subsecs. (65.3), (65.5), and (65.7). Laws 2002, Ch. 297, § 43 substituted “section 16-22-102(9)” for “section 18-3- 412.5(1)(b)” in subpar. (1)(a)(II) as amended by S.B.02-107. Section 47 of Laws 2002, Ch. 297 provides, in part: “Effective date--applicability. This act shall take effect July 1, 2002; except that...section 43 shall take effect only if Senate Bill 02-187 is enacted during the Second Regular Session of the Sixty-third General Assembly and becomes law..” Senate Bill 02-187 was enacted on May 24, 2002 and became Chapter 177, effective May 24, 2002. Section 31 of Laws 2002, Ch. 322 provides: “Effective date--applicability. This act shall take effect July 1, 2002, and shall apply to offenses committed on or after said date with the following exceptions: (1) If House Bill 02-1292 is enacted at the Second Regular Session of the Sixty-third General Assembly and becomes law, sections 25 and 26 shall take effect July 1, 2002, and shall apply to offenses committed on or after said date; (2) If House Bill 02-1292 is not enacted at the Second Regular Session of the Sixty-third General Assembly or does not become law, sections 25 and 26 shall take effect July 1, 2003, and shall apply to offenses committed on or after said date; (3) Sections 27 and 28 shall only take effect if Senate Bill 02-039, is enacted at the Second Regular Session of the Sixty-third General Assembly and becomes law; and, (4) Section 15 shall take effect only if Senate Bill 02-039, is not enacted at the Second Regular Session of the Sixty-third General Assembly or does not become law.” Laws 2003, Ch. 91, § 1 added subpar. (1)(a)(VI). Section 2 of Laws 2003, Ch. 91 provides: “Effective date--applicability. This act shall take effect July 1, 2003, and shall apply to acts committed on or after said date.” Laws 2003, Ch. 163, § 54 added subsecs. (44.5) and (91.5). Laws 2003, Ch. 196, § 5 repealed subsec. (29.5), which read: “(29.5) ‘Conviction’, as used in section 19-3-313, means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court. ‘Conviction’ also includes a deferred judgment and sentence.” Laws 2003, Ch. 242, § 28 in subsec. (72) substituted “described” for “defined” and “16- 2.5-101, C.R.S.” for “18-1-901(3)(l)(I), (3)(l)(II), and (3)(l)(III), C.R.S.”. Laws 2003, Ch. 242, § 36 in par. (1)(b) substituted “as described” for “level I, as defined” and “16-2.5-101, C.R.S.” for “18-1-901(3)(l), C.R.S.”. Laws 2003, Ch. 315, § 32 in subsec. (48) substituted “19-1-306” for “19-2-206”. Laws 2004, Ch. 140, § 3, added subsec. (78.5). Laws 2004, Ch. 140, §§ 1, 4, provide: “Section 1. Legislative declaration. “(1) The general assembly recognizes the numerous studies establishing that children undergo a critical bonding and attachment process prior to the time they reach six years of age. The general assembly further recognizes that recent studies indicate that a significant part of this bonding and attachment process occurs immediately after the birth of the child, in the first minutes, hours, and days of life. This attachment and bonding of a parent to an infant has been found to begin during pregnancy and to increase shortly after birth. This process is crucial for the baby's healthy development. Studies disclose that a child who has not bonded with a primary adult during this critical stage may suffer significant emotional harm which frequently leads to chronic psychological problems and antisocial behavior when the child reaches adolescence and adulthood. “(2) The general assembly further recognizes that one of the purposes of the Colorado Children's Code is to protect children and families by removing a child from the custody of his or her parents only when the child's welfare and safety would otherwise be endangered and for the courts to proceed with all possible speed to a legal determination that will serve the best interests of the child. In an effort to fully protect children, the law provides that a law enforcement officer may remove a child from the custody of his or her parents when the law enforcement officer alone, without court intervention, determines that an emergency situation exists. “(3) Due to the critical stage of bonding and attachment of a newborn child to his or her parents described in subsection (1) of this section, however, the general assembly hereby finds and declares that prior to the removal of any newborn child from the custody of his or her parents, except in limited situations, there shall be a court finding and determination that an emergency situation exists and that the newborn child is so seriously endangered that there is no other reasonable way to protect the newborn child without removing the child from his or her parents. “(4) This act, set forth in Senate Bill 04-117, as enacted at the second regular session of the sixty-fourth general assembly, may be referred to as the ‘Sunshine Gates Act’.” “Section 4. Effective date--applicability. This act shall take effect July 1, 2004, and shall apply to actions taken for temporary protective custody of newborn children on or after said date.” Laws 2004, Ch. 241, § 2, added subsec. (19.5). Derivation: C.R.S.1963, §§ 22-1-1 et seq., 22-2-1 et seq., 22-8-1 et seq., 22-10-1 et seq., 22-11-1 et seq., 22-13-1 et seq., 22-14-1 et seq. Laws 1967, H.B.1001, § 1. Laws 1969, S.B.57, § 1. Laws 1975, H.B.1482, § 1. Laws 1987, H.B.1182, § 1. Laws 1987, S.B.144, § 1. Laws 1989, H.B.1177, § 1. Laws 1989, H.B.1216, § 1. Laws 1991, H.B.91-1002, § 3. Laws 1991, H.B.91-1255, § 4. Laws 1992, H.B.92-1359, § 29. Laws 1993, H.B.93-1179, § 2. Laws 1993, S.B.93-25, § 19. Laws 1993, S.B.93-28, § 2. Laws 1993, S.B.93-96, § 1. Laws 1994, H.B.94-1029, §§ 150, 185, 199, 214. Laws 1994, S.B.94-111, §§ 3, 5. C.R.S.A., §§ 19-1-117.6, 19-2-101, 19-2-1302, 19-3-101, 19-3-303, 19-3.5-103, 19-5- 302, 19-5-401. CROSS REFERENCES Child care centers, license denial, suspension, revocation or probation for child abuse, see § 26-6-108. Confidentiality of dependency and neglect records, access by governing body, see § 19-1- 307. Denver juvenile court jurisdiction, see § 13-8-103. Dependency and neglect, Independent mental health care providers, reports based solely on emotional abuse allegations, see § 19-3-312. Placement in permanent home, delay, see § 19-3-703. Foster care, rules applying generally, see § 26-6-106.5. Genetic tests to determine parentage, see § 13-25-126. Juvenile justice system, Restitution, liability of parents, see § 19-2-919. Sentencing, commitment to human services department, see § 19-2-909. Liability for computer dissemination of indecent material to children, see § 13-21-1001 et seq. Motor vehicles, misdemeanor traffic offenses, probation violations and contempt of court, confinement, bail and bond conditions, see §§ 42-4-1706, 42-4-1707. Municipal courts, violation of municipal ordinance by a child, detention, see § 13-10-113. Public school students, Right of free expression, regulations to control gangs, see § 22-1-120. Relinquishment of children, standardized affidavit of relinquishment counseling, confidentiality of information, see § 19-5-103. Staff secure facility, escape or attempt to escape, custody or confinement, see §§ 18-8- 208, 18-8-208.1. Volunteers in justice system, “institution” defined, see § 17-31-102. Witnesses, confidential intermediaries, exclusion from examination, see § 13-90-107. LAW REVIEW AND JOURNAL COMMENTARIES Adoption: Beware the Unwed Father. Jack F. Smith, 2 Colo.Law. 9 (1973). Adoption and Relinquishment Law in Colorado. 16 Colo.Law. 2183 (1987). Arrest, Stop and Frisk: An In-Depth Analysis. O. Otto Moore and Carroll E. Multz, 9 Colo.Law. 647 (1980). Constitutional Challenges to Civil Commitment Statute: Preliminary Hearings and Mandatory Review. 6 Colo.Law. 1158 (1977). Cultural Diversity and Family Values. Jo Ann Viola Salazar and Sandra L. Shwayder, 22 Colo.Law. 941 (1993). Delinquency Jurisdiction in Colorado: Garcia and the Children's Code. Douglas E. Bragg, 40 U.Colo.L.Rev. 80 (1967). Determination of Paternity in Domestic Relations Cases. Susan W. Whicher, 4 Colo.Law. 2097 (1975). Medical Diagnosis as a Gateway to the Child Welfare System. Dr. Donald Bross, 65 Den.U.L.Rev. 213 (1988). The Parental Rights Movement. Linda L. Lane, 69 U.Colo.L.Rev. 825 (1998). People in the Interest of A.M.D.: Are Parental Rights Terminated Too Easily in Colorado? 55 U.Colo.L.Rev. 423 (1984). Representing the Mentally Retarded or Disabled Parent. 11 Colo.Law. 693 (1982). LIBRARY REFERENCES 1999 Main Volume Infants 132. Westlaw Topic No. 211. C.J.S. Infants §§ 32, 41. RESEARCH REFERENCES 2009 Electronic Update ALR Library 89 ALR 5th 195, Construction and Application of Indian Child Welfare Act of 1978 (Icwa) (25 U.S.C.A. §§ 1901 et seq.) Upon Child Custody Determinations. 46 ALR 5th 523, Validity, Construction, and Application of Juvenile Escape Statutes. 48 ALR 4th 860, Required Parties in Adoption Proceedings. Encyclopedias 24 Am. Jur. Proof of Facts 3d 543, Zoning--Invalidity of Single-Family Zoning Ordinance. Treatises and Practice Aids 3 Colorado Practice Series § 97.3, Who May be Adopted--“Availability”. 3 Colorado Practice Series § 97.10, Jurisdiction and Venue. 3 Colorado Practice Series § 97.18, Birth Certificate; Records of Proceedings. 3 Colorado Practice Series § 97.19, Consequences of Adoption; Right to Inherit and Other Rights. 3 Colorado Practice Series § 97.23, Designated Adoption; Custodial Adoption; Kinship Adoption. 3 Colorado Practice Series § 97.26, Grandparent Visitation Rights. 3 Colorado Practice Series § 97.27, Voluntary Adoption Registry; Confidential Intermediaries. 14 Colorado Practice Series § 13.6, Statements by Juveniles. 14 Colorado Practice Series § 2.98, Jurisdiction of Juvenile Court. 14 Colorado Practice Series § 3.52, Procedure Following Arrest--Juvenile. 21 Colorado Practice Series § 14-2-108, Judicial Approval. 21 Colorado Practice Series § 13-22-107, Legislative Declaration--Definitions--Children- -Waiver by Parent of Prospective Negligence Claims. 21 Colorado Practice Series § 13-25-126, Genetic Tests to Determine Parentage. 22 Colorado Practice Series § 13-25-126, Genetic Tests to Determine Parentage. 22 Colorado Practice Series § 13-90-107, Who May Not Testify Without Consent. 5A Colorado Practice Series App. J, J Selected Colorado Statutes. Restatement (3d) Property (Wills & Don. Trans.) § 8.2, Incapacity Due to Minority. NOTES OF DECISIONS Abuse 4 Adjudication 5 Appropriate treatment plan 6 Child 7 Commit 8 Community placement 9 Construction and application 2 Custodial adoption 10.5 Custodian 10 Custody 11 Delinquent act 12 Discretion of trial court 20 Findings 19 Guardian ad litem 13 Guardianship proceedings 14 Indian tribe 12.5 Juvenile court 15 Legislative intent 3 Neglected or dependent child 21 Placement out of the home 16 Reasonable efforts 17 Residual parental responsibilities 18 Validity 1 1. Validity Provision of Child Protection Act which required administrators investigating reports of child abuse or neglect to consider “accepted child-rearing practices of culture in which child participates” was not void for vagueness; statutory language referring to culturally based family rearing and disciplinary practices is necessarily phrased in general terms, and recognizes diversity of traditions that characterizes modern society. Watso v. Colorado Dept. of Social Services, 1992, 841 P.2d 299. Infants 132 Words “negligently” and “may” in statutory definition of child abuse did not render child abuse statute unconstitutionally vague. People v. Mann, 1982, 646 P.2d 352. Infants 12(8) 2. Construction and application District court retained jurisdiction beyond five-day statutory period to consider mother's petition for review of magistrate's order terminating her parental rights, and court had discretion to forgive mother's delay in filing petition based upon a showing of excusable neglect. C.S. v. People, 2004, 83 P.3d 627. Infants 206 3. Legislative intent State statutes implied General Assembly's intent to preempt the regulation, by home-rule municipalities, of adjudicated delinquent children living in foster care homes. City of Northglenn v. Ibarra, 2003, 62 P.3d 151. Infants 132; Municipal Corporations 65 4. Abuse Evidence supported jury verdict that child was dependent or neglected; mother allowed six-year-old child to go on a 26 day road trip with stepfather whom she had known only a short time, during the trip child received spankings delivered with a belt or a cutting board, stepfather conferred with mother prior to spanking child, child was spanked at home before and after the trip with the mother's approval, and had a bruise from a spanking during the trip. People ex rel. E.S., App.2002, 49 P.3d 1221. Infants 179 Evidence presented at administrative hearing on motion to expunge report of child abuse filed with central registry was insufficient to support finding that alleged abuser's actions in disciplining juvenile detainee at state facility, by requiring him to sit on metal bed without clothes for hour and one half, constituted child abuse. Wilson v. State Dept. of Human Services, App.1998, 969 P.2d 770, modified on denial of rehearing. Infants 132 Evidence that child had made statements to her parents and to psychologist, indicating that she had been subjected to sexual abuse and that her grandfather, who operated day- care center where she was being cared for, was person responsible for abuse, as corroborated by evidence of child's sexualized behavior and her expressions of fear during play therapy sessions, was sufficient to support order revoking license to operate center. McPeck v. Colorado Dept. of Social Services, App.1996, 919 P.2d 942. Infants 17.5 General term “abuse,” as statutory basis for declaration of child neglect or dependency, includes emotional abuse as well as physical abuse, and thus court had jurisdiction to entertain petition alleging only “emotional” abuse. People v. D. A. K., 1979, 596 P.2d 747, 198 Colo. 11, appeal dismissed 100 S.Ct. 515, 444 U.S. 987, 62 L.Ed.2d 416. Infants 156 Definition of “abuse” in statute titled “Reporting Child Abuse” did not apply to proceedings alleging that four children were neglected or dependent as a result of child abuse. People in Interest of M. A. L., App.1976, 592 P.2d 415, 37 Colo.App. 307. Infants 156 The state statutory definition of child abuse is not less inclusive than the federal definition in 45 C.F.R. § 1340.1-2(b). AG File No. DHR/AGBID/KL August 3, 1977. 5. Adjudication Genuine issue of material fact as to whether a juvenile participant in a juvenile offenders redirection program (JORP) was an “adjudicated juvenile” precluded summary judgment as to whether the non-profit corporation which ran the program was entitled to immunity from liability for fire injuries sustained by the juvenile, under a statute providing immunity for good faith actions involving a response to issues of control and restraint of “adjudicated juveniles”; no evidence indicated that the magistrate in a delinquency case had determined that the child had committed a delinquent act or had pled guilty to committing such an act. Gilmore v. Concerned Parents of Pueblo, App.2000, 28 P.3d 963, certiorari granted, affirmed on other grounds 47 P.3d 311, modified on denial of rehearing. Judgment 185.3(1) Definition of “adjudication” contained in Children's Code, requiring court findings or a plea in order for an adjudication to enter, did not impose proof requirements applicable to entry of initial delinquency adjudication every time adjudication itself might be tendered for sentence enhancement in subsequent adjudication proceeding. People v. J.J.H., 2001, 17 P.3d 159. Infants 223.1 6. Appropriate treatment plan In approving a parent's treatment plan in a child dependency proceeding, the court strives to preserve the parent-child relationship by assisting the parent in overcoming the problems that required the intervention, and so appropriateness of the plan is measured by the likelihood of success in reuniting the family, which must be assessed in light of the facts existing at the time of the plan's approval. K.D. v. People, 2006, 139 P.3d 695. Infants 231 County department of human services did not make a reasonable effort to rehabilitate incarcerated mother and reunite her with her children when it prohibited face-to-face visitation after mother was released from prison and sentenced to a community corrections facility, and thus termination of mother's parental rights was inappropriate; department had not concluded that a reasonable treatment plan could not be accomplished, there was no concern about the children's physical health and safety, treatment plan approved by trial court improperly delegated to caseworker, court appointed special advocate (CASA), guardian ad litem (GAL) and children's therapist decision of whether mother could have face-to-face visitation, they denied visitation on ground it was more important for children to develop strong ties with foster parents, and mother had no opportunity to demonstrate that she could be a good parent. People ex rel. D.G., App.2006, 140 P.3d 299, certiorari denied 2006 WL 2204790. Infants 155 Absolute compliance with a treatment plan in child neglect and dependency proceedings is not required in assessing whether termination of parental rights is warranted, but partial or even substantial compliance with a plan may still not result in success if it does not correct or improve the parent's conduct or condition. People ex rel. T.D., App.2006, 2006 WL 561116, modified and superseded 140 P.3d 205, rehearing denied, certiorari denied, 127 S.Ct. 564, 549 U.S. 1020, 166 L.Ed.2d 411, certiorari denied 127 S.Ct. 565, 549 U.S. 1024, 166 L.Ed.2d 419. Infants 155 The purpose of a treatment plan in child neglect and dependency proceedings is to preserve the parent-child relationship by assisting the parent in overcoming the problems that led to the dependency adjudication; its appropriateness is measured by the likelihood of success in reuniting the family, which must be assessed in light of the facts existing at the time of its approval. People ex rel. T.D., App.2006, 2006 WL 561116, modified and superseded 140 P.3d 205, rehearing denied, certiorari denied, 127 S.Ct. 564, 549 U.S. 1020, 166 L.Ed.2d 411, certiorari denied 127 S.Ct. 565, 549 U.S. 1024, 166 L.Ed.2d 419. Infants 155 In ruling on a parent's compliance with a treatment plan in child neglect and dependency proceedings, in assessing whether termination of parental rights is warranted, the credibility of the witnesses and the sufficiency, probative effect, and weight of the evidence, as well as the inferences and conclusions to be drawn from it, are within the discretion of the trial court, and its findings and conclusions will not be disturbed on review if the record supports them. People ex rel. T.D., App.2006, 2006 WL 561116, modified and superseded 140 P.3d 205, rehearing denied, certiorari denied, 127 S.Ct. 564, 549 U.S. 1020, 166 L.Ed.2d 411, certiorari denied 127 S.Ct. 565, 549 U.S. 1024, 166 L.Ed.2d 419. Infants 252 In making its findings concerning a parent's compliance with a treatment plan in child neglect and dependency proceedings, for purposes of assessing whether termination of parental rights is warranted, the trial court must consider the totality of the evidence, and it should attribute more weight to the most recent reports and evaluations. People ex rel. T.D., App.2006, 2006 WL 561116, modified and superseded 140 P.3d 205, rehearing denied, certiorari denied, 127 S.Ct. 564, 549 U.S. 1020, 166 L.Ed.2d 411, certiorari denied 127 S.Ct. 565, 549 U.S. 1024, 166 L.Ed.2d 419. Infants 155 The appropriateness of a treatment plan for the parent in a child dependency proceeding is measured by its likelihood of success in reuniting the family, and it must be assessed in light of the facts existing at the time of its approval. People ex rel. A.J.H., App.2006, 134 P.3d 528. Infants 155 Treatment plan designed for mother was appropriate, in child dependency proceeding, even though mother asserted that it insufficiently addressed her mental health issues; treatment plan addressed mother's substance abuse, which was the primary reason child was removed from mother's home, and testimony established that mother met with a psychiatrist and counselors, had received counseling, and was taking antidepressant medication that had been prescribed for her. People ex rel. J.M.B., App.2002, 60 P.3d 790. Infants 155 The appropriateness of a treatment plan in a child dependency case must be measured by its likelihood of success in reuniting the family and by the extent to which its requirements were realistic in light of the facts existing at the time it was adopted. People ex rel. J.M.B., App.2002, 60 P.3d 790. Infants 155 Success of a treatment plan in a child dependency case cannot be guaranteed; thus, the ultimate failure of a plan does not necessarily mean that the plan was inappropriate. People ex rel. J.M.B., App.2002, 60 P.3d 790. Infants 155 Appropriateness of treatment plan included in family reunification plan must be measured by its likelihood of success in reuniting family and must be assessed in light of facts existing at time of its adoption. People ex rel. R.J.A., App.1999, 994 P.2d 470, certiorari denied. Infants 158 It is parent's responsibility to assure compliance with and success of treatment plan included in family reunification plan. People ex rel. R.J.A., App.1999, 994 P.2d 470, certiorari denied. Infants 158 Appropriateness of treatment plan included in family reunification plan is not necessarily nullified by its ultimate failure to rehabilitate parent. People ex rel. R.J.A., App.1999, 994 P.2d 470, certiorari denied. Infants 158 7. Child A child is a “minor,” as such term is used in Colorado wrongful death statute, until his or her 21st birthday, notwithstanding fact that General Assembly has otherwise reduced minimum age requirements for entitlement to sue and to be sued, to be prosecuted for crimes as adults, and to vote. Hesseltine v. U. S., 1982, 538 F.Supp. 1003. Death 9 Under statute requiring that a request for review of a magistrate's decision in a termination of parental rights proceeding be filed within five days, a district court retains jurisdiction to consider a late-filed petition for review when the delay is the result of excusable neglect; in deciding whether to exercise its discretion to entertain a late petition, the district court should not only take into account the reasons for the delay, but also the children's need for finality in the proceedings. C.S. v. People, 2004, 83 P.3d 627. Infants 206 Mother's unborn child did not constitute a child, for the purpose of a child dependency or neglect proceedings; statute defining a child had been amended to delete any reference to an unborn child, current definition of a child only applied to a child after birth, and the remedies for a dependent or neglected child evidenced an intent to deal with a child after birth by requiring the petition to list the name and age of the child and removal of child from the parents. People ex rel. H., App.2003, 74 P.3d 494, certiorari denied 2003 WL 21783235. Infants 154.1 Age at which acts were committed is determinative factor, not age at which disposition was imposed, for purposes of determining whether person is subject to children's code. People in Interest of M.C., App.1987, 750 P.2d 69, affirmed 774 P.2d 857, rehearing denied 778 P.2d 1370. Infants 152 Although respondent was 18 years of age when he confessed without his parents or his attorney being present, where he was 17 at time of the offense, he must be considered a child for purposes of proceeding relative to that offense; thus his statement should have been excluded and failure to do so was reversible error. People in Interest of M. M., App.1979, 599 P.2d 968, 43 Colo.App. 65. Infants 174; Infants 253 Definition of “child” as used in Children's Code would be construed liberally to aid in implementing purpose of Children's Code of affording means for determination of identity of father of child and the ordering of support. People v. Estergard, 1969, 457 P.2d 698, 169 Colo. 445. Children Out-of-wedlock 32 Word “child” as used in paternity article of Children's Code does not exclude unborn child and thereby permit father of unborn child to evade responsibility for child's support by leaving state prior to child's birth. People v. Estergard, 1969, 457 P.2d 698, 169 Colo. 445. Children Out-of-wedlock 32 Debate whether child under 16 should be dealt with as an adult criminal, not as a juvenile delinquent, has been resolved by 1967 General Assembly which enacted Children's Code, and debate is not up for any reexamination by the courts. People ex rel. Terrell v. District Court In and For City and County of Denver, 1967, 435 P.2d 763, 164 Colo. 437. Constitutional Law 2507(1) 8. Commit “Placements” and “commitments” have distinct meanings under the children's code, and sentence to county jail is neither “placement out of the home,” nor a “commitment,” and thus mandatory minimum one year for disposition of alternatives of placement and commitment does not extend to jail sentences for person of 18 years of age if he has been adjudicated mandatory sentence offender for acts committed prior to 18th birthday. People v. T.O., 1985, 696 P.2d 811. Infants 223.1 9. Community placement Home-rule city ordinance, prohibiting unrelated or unmarried registered sex offenders from living together in a single-family residence, regulated a matter of statewide concern, as applied to adjudicated delinquent children in foster care homes, and thus, the ordinance was preempted by state law; state's interest in fulfilling its statutory obligations to place and supervise adjudicated delinquent children in foster care homes pursuant to uniform, statewide criteria overrode any home-rule city's interest in controlling land uses within its territorial limits. City of Northglenn v. Ibarra, 2003, 62 P.3d 151. Mental Health 469(5); Municipal Corporations 65 Need for statewide uniformity weighed in favor of finding that home-rule city ordinance, prohibiting unrelated or unmarried registered sex offenders from living together in a single-family residence, was preempted by state law, as to adjudicated delinquent children in foster care homes; ordinance denied adjudicated delinquent children, who were also registered sex offenders, uniform access to the treatment that was best suited to their needs, and denied the children's expectation of consistency. City of Northglenn v. Ibarra, 2003, 62 P.3d 151. Infants 132; Infants 226; Municipal Corporations 65 Extraterritorial impact on residents outside the municipality weighed in favor of finding that home-rule city ordinance, prohibiting unrelated or unmarried registered sex offenders from living together in a single-family residence, was preempted by state law, as to adjudicated delinquent children in foster care homes; ordinance decreased the total number of foster care homes available in statewide system in which foster homes already were in short supply. City of Northglenn v. Ibarra, 2003, 62 P.3d 151. Mental Health 469(5); Municipal Corporations 65 History and tradition weighed in favor of finding that home-rule city ordinance, prohibiting unrelated or unmarried registered sex offenders from living together in a single-family residence, was preempted by state law, as to adjudicated delinquent children in foster care homes; Colorado statutes historically and traditionally mandated that state play the primary role in provision of social services, even if zoning ordinances regulating land-uses were historically and traditionally matters of local concern. City of Northglenn v. Ibarra, 2003, 62 P.3d 151. Mental Health 469(5); Municipal Corporations 65 The degree of cooperation needed between state and counties weighed in favor of finding that home-rule city ordinance, prohibiting unrelated or unmarried registered sex offenders from living together in a single-family residence, was preempted by state law, as to adjudicated delinquent children in foster care homes; state was required to place such children in the most appropriate setting available consistent with needs of child and community, and state could meet specific goals and make social services system work for delinquent children only through coordination with state designees. City of Northglenn v. Ibarra, 2003, 62 P.3d 151. Mental Health 469(5); Municipal Corporations 65 10. Custodian Where department of social services had filed valid petition with juvenile court for determination of dependency or neglect of child, juvenile court had exclusive jurisdiction to determine status of child, and thus district court had no jurisdiction to entertain habeas corpus proceeding filed by father, which in essence required a determination of whether father or mother was legal custodian of the child. City and County of Denver v. District Court of Second Judicial Dist., 1984, 675 P.2d 312. Courts 472.1 A child's legal custodian stands in loco parentis to child, and is one who assumes status and obligations of parent without formality of adoption proceeding. People in Interest of P. D., App.1978, 580 P.2d 836, 41 Colo.App. 109. Parent And Child 15 10.5. Custodial adoption By obtaining the order of permanent parental responsibility for friend's child, whom husband and wife had agreed to raise under expired power of attorney from biological parents, husband and wife became legal custodians of child, and thus, husband and wife satisfied the conditions for custodial adoption. In re Marriage of Rodrick, App.2007, 176 P.3d 806, rehearing denied, certiorari denied 2008 WL 283246. Adoption 4; Infants 226 11. Custody Juvenile was in “custody or confinement,” within meaning of escape statute based on juvenile's escape from the Department of Youth Corrections ranch, even though ranch was not a staff secure facility since juvenile left the ranch to attend school; subsection of escape statute pertaining to juvenile escapes was not limited to escapes from staff secure facilities. People ex rel. J.A.C., App.2001, 25 P.3d 1269. Infants 153 12. Delinquent act Juvenile's grandmother was not the juvenile's “physical custodian,” for purposes of statute requiring the presence of a parent, guardian, or legal or physical custodian at custodial interrogation of a juvenile, even though juvenile had resided with grandmother for 14 months in the two years preceding the interrogation; juvenile had been residing at youth shelter and had run away from shelter at time of her arrest. People v. Legler, 1998, 969 P.2d 691. Infants 174 For purposes of statute requiring presence of a parent, guardian, or legal or physical custodian at the custodial interrogation of a juvenile, the term “physical custodian” is limited to the adult or adults with whom the child resided immediately prior to the arrest and custodial interrogation. People v. Legler, 1998, 969 P.2d 691. Criminal Law 412.1(4) Juvenile's grandmother was not a “custodian” of juvenile, for purposes of statute allowing admission of a juvenile's statements if juvenile was accompanied by a responsible adult who was a custodian of juvenile or assuming role of parent at the time; grandmother had not been providing shelter, food, clothing, or care for juvenile at time of juvenile's arrest, and grandmother had neither seen nor heard from juvenile in over two months. People v. Legler, 1998, 969 P.2d 691. Criminal Law 412.1(1) In delinquency proceedings, child stands charged with activity which would constitute crime if done by an adult. People v. Y. D. M. (State Report Title: People in Interest of Y.D.M.), 1979, 593 P.2d 1356, 197 Colo. 403. Infants 153 Delinquency can be established by single act or episode. Doe v. People, 1965, 398 P.2d 624, 156 Colo. 311. Infants 153 A single violation of any of the acts defining delinquency is not enough upon which delinquency can be determined, and it is the repetition of such acts and frequency thereof that creates a state of delinquency or incorrigibility. Spencer v. People in Interest of Spencer, 1956, 292 P.2d 971, 133 Colo. 196. Infants 153 The act of entering into a marriage contract regardless of age is not an act of delinquency. Spencer v. People in Interest of Spencer, 1956, 292 P.2d 971, 133 Colo. 196. Infants 153 The Legislature has the right to define a delinquent child. Spencer v. People in Interest of Spencer, 1956, 292 P.2d 971, 133 Colo. 196. Infants 132 Evidence that 14 1/2 -year-old girl was often absent from school, and unsolicited testimony of girl's mother that the girl stayed out until three or four o'clock in the morning on certain occasions, did not justify her commitment to Industrial School as a “delinquent child”. Carmean v. People, 1943, 134 P.2d 1056, 110 Colo. 399. Infants 176 12.5. Indian tribe Notice provided to the Bureau of Indian Affairs (BIA) did not sufficiently comply with the Indian Child Welfare Act (ICWA), in termination proceeding; father informed the court that he was one-quarter Apache, notice of the termination proceeding was not sent to the Apache tribes, and the notice sent to the BIA did not include the motion to terminate and did not acknowledge father's specific identification of the Apache tribe. People ex rel. J.O., App.2007, 170 P.3d 840. Indians 134(5) 13. Guardian ad litem Guardian ad litem may make recommendations to the trial court by presenting his opinions based upon an independent investigation or by advocating a specific result based upon the evidence. People ex rel. A.L.B., App.1999, 994 P.2d 476. Infants 205 14. Guardianship proceedings Guardianship order significantly limiting mother's parental rights, including rights to custody and visitation, was not functional equivalent of termination of parental rights for purposes of due process analysis; mother retained right to petition for modification of disposition to regain custody or increase parenting time, to consent or withhold consent to adoption, to reasonable parenting time except as restricted by court, and to determine children's religious affiliation. L.L. v. People, 2000, 10 P.3d 1271. Constitutional Law 4394; Infants 221 15. Juvenile court A trial court, sitting as the juvenile court, has subject matter jurisdiction over termination and adoption proceedings. In re Adoption of K.L.L. ex rel. V.M.D., App.2007, 160 P.3d 383. Adoption 10; Infants 196 Children's Code did not include municipal courts within definition of coverage, so as to require that municipal courts follow procedures of Code in enforcing against juveniles municipal ordinance provisions not involving jail terms. R.E.N. v. City of Colorado Springs, 1992, 823 P.2d 1359. Infants 68.1 16. Placement out of the home The state must make reasonable efforts to prevent out-of-home placement of abused or neglected children and to reunite the family. People ex rel. S.M.A.M.A., App.2007, 172 P.3d 958. Infants 155 Placing juvenile adjudicated a violent juvenile offender with parent with whom juvenile had not previously resided was not “placement out of the home” within violent juvenile offender disposition statute providing for a violent juvenile offender to be “placed or committed out of the home for not less than one year”; natural parent did not meet statutory definitions of such placement as facility or center operated or licensed by the department of human services or independent living. People ex rel. P.C., App.2003, 80 P.3d 942. Infants 223.1 17. Reasonable efforts Evidence supported finding that the department of human services made reasonable efforts to rehabilitate father, in termination of parental rights case, and thus father's due process rights were not violated; father was incarcerated when petition in dependency and neglect was filed, one month delay in approval of father's treatment plan was due to father's request for a continuance, caseworkers monitored father's compliance with his caseplan during his incarceration through court hearings, father received additional services that were not available in prison when he was released, and the department provided father with housing and employment assistance, bus passes and tokens, substance abuse monitoring, and intensive in-home therapeutic services. People ex rel. J.A.S., App.2007, 160 P.3d 257. Constitutional Law 4403.5; Infants 155 Evidence supported finding that Department of Social Services addressed mother's developmental disabilities in its reasonable efforts to rehabilitate mother in child dependency and neglect proceedings; shortly after petition was filed, Department made referral to private agency that facilitated programs and funding for individuals with developmental disabilities, court approved treatment plan which considered mother's developmental disabilities, within a month of filing petition mother began to receive intensive in-home family preservation services, and family preservation services worker and caseworker were aware of mother's developmental disabilities and adjusted their services to accommodate them and to facilitate compliance with treatment plan. People ex rel. J.M., App.2003, 74 P.3d 475, certiorari denied 2003 WL 21783223. Infants 155 18. Residual parental responsibilities Debt owed by debtor parents to county for foster care support fee arising from placement of debtors' minor child in custody of court was in nature of child support, and was thus nondischargeable, although debtors claimed debt had to be owed “to” child, rather than to county, to be nondischargeable, and argued that debt was somehow “assigned” to county in contravention of statute, so as to make it dischargeable; Colorado statutes established that debt was in nature of child support, bankruptcy section excepted from anti- assignment language debts assigned to political subdivision of state, and no assignment of obligation had occurred. In re Huber, 1987, 80 B.R. 531. Bankruptcy 3365(13) Following divorce, juvenile court's order giving Department of Human Services (DHS) legal custody of mother's children, appointing foster parents as their permanent legal guardians, and directing that there be no further contact between children and mother, was not the functional equivalent of a termination of mother's parental rights, in violation of mother's due process rights, where mother retained right to consent, or to withhold consent, to children's adoption, the right to reasonable parenting time except as restricted by the court, the right to determine children's religious affiliation, and the right to seek modification of the disposition in order to regain custody, obtain increased parenting time, or to request other relief. People ex rel. R.W., App.1999, 989 P.2d 240, certiorari granted, affirmed 10 P.3d 1271. Constitutional Law 4403.5; Infants 222 19. Findings In making its findings concerning a parent's compliance with a treatment plan in child neglect and dependency proceedings, for purposes of assessing whether termination of parental rights is warranted, the trial court must consider the totality of the evidence, and it should attribute more weight to the most recent reports and evaluations. People ex rel. T.D., App.2006, 2006 WL 561116, modified and superseded 140 P.3d 205, rehearing denied, certiorari denied, 127 S.Ct. 564, 549 U.S. 1020, 166 L.Ed.2d 411, certiorari denied 127 S.Ct. 565, 549 U.S. 1024, 166 L.Ed.2d 419. Infants 155 20. Discretion of trial court In ruling on a parent's compliance with a treatment plan in child neglect and dependency proceedings, in assessing whether termination of parental rights is warranted, the credibility of the witnesses and the sufficiency, probative effect, and weight of the evidence, as well as the inferences and conclusions to be drawn from it, are within the discretion of the trial court, and its findings and conclusions will not be disturbed on review if the record supports them. People ex rel. T.D., App.2006, 2006 WL 561116, modified and superseded 140 P.3d 205, rehearing denied, certiorari denied, 127 S.Ct. 564, 549 U.S. 1020, 166 L.Ed.2d 411, certiorari denied 127 S.Ct. 565, 549 U.S. 1024, 166 L.Ed.2d 419. Infants 252 21. Neglected or dependent child Child who had been diagnosed with failure to thrive was dependent and neglected child; physician's affidavit asserted that child and mother's elder child had been diagnosed with a nonorganic failure to thrive, that mother had not properly fed, cared for, or provided sustenance to either child, that children were severely malnourished and dehydrated because mother fed them water in direct contradiction of medical advice, and that she did not did not provide sufficient calories for children to develop properly, and document submitted by mother containing notation about child's weight did not serve to refute affidavit from physician. People ex rel. A.C., App.2007, 170 P.3d 844. Infants 179 C. R. S. A. § 19-1-103, CO ST § 19-1-103 Current through laws effective April 9, 2009, see scope for further details Copr (c) 2009 Thomson Reuters END OF DOCUMENT

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