Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Rev. Stat. § 19-1-103‘Abuse’ or ‘child abuse or neglect’ means an act or omission that threatens the health or welfare of a child in one of the following categories:

• Skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and:
  • The condition or death is not justifiably explained.
  • The history given concerning the condition is inconsistent with the degree or type of such condition or death.
  • The circumstances indicate that the condition may not be the result of an accidental occurrence.
• A controlled substance is manufactured in the presence of a child, on the premises where a child is found, or where a child resides.
• A child tests positive at birth for either a schedule I or schedule II controlled substance, 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.

Neglect

Citation: Rev. Stat. §§ 19-1-103; 19-3-102 The term ‘child abuse or neglect’ includes any case in which a child is in need of services because the child’s parent has failed to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take.

A child is ‘neglected’ or ‘dependent’ if:

• The parent, guardian, or legal custodian has subjected the child to mistreatment or abuse or has allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring.
• The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian.
• The child’s environment is injurious to his or her welfare.
• The parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other necessary care.
• The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian.
• The child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian.
• The child tests positive at birth for either a schedule I or schedule II controlled substance, 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.

Sexual Abuse/Exploitation

Citation: Rev. Stat. §§ 19-1-103; 16-22-102‘Abuse’ or ‘child abuse or neglect’ means an act or omission in which a child is subjected to unlawful sexual behavior as defined in § 16-22-102(9).

‘Unlawful sexual behavior’ means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

• Sexual assault, unlawful sexual contact, sexual assault on a child, or sexual assault on a child by one in a position of trust
• Enticement of a child
• Incest or aggravated incest
• Human trafficking of a minor for sexual servitude, as described in § 18-3-504(2)
• Sexual exploitation of children
• Procurement of a child for sexual exploitation
• Indecent exposure
• Soliciting for child prostitution
• Pandering or pimping of a child
• Keeping a place of child prostitution
• Inducement of child prostitution
• Patronizing a prostituted child
• Promotion of obscenity to a minor
• Internet luring of a child
• Internet sexual exploitation of a child

Emotional Abuse

Citation: Rev. Stat. § 19-1-103 The terms ‘abuse’ or ‘child abuse or neglect’ include any case in which a child is subjected to emotional abuse. ‘Emotional abuse’ means an identifiable and substantial impairment or a substantial risk of impairment of the child’s intellectual or psychological functioning or development.

Abandonment

Citation: Rev. Stat. § 19-3-102
A child is ‘neglected’ or ‘dependent’ if a parent, guardian, or legal custodian has abandoned the child.

Standards for Reporting

Citation: Rev. Stat. § 19-3-304
A report is required when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect.

Persons Responsible for the Child

Citation: Rev. Stat. § 19-1-103 ‘Intrafamilial abuse’ means any case of abuse that occurs within a family context by a child’s parent, stepparent, guardian, legal custodian, a relative, or a spousal equivalent, 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. ‘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 that person is paid for rendering care and is not related to the child.

‘Responsible person’ means a child’s parent, legal guardian, custodian, or any other person responsible for the child’s health and welfare.

‘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.

Exceptions

Citation: Rev. Stat. §§ 19-1-103; 19-3-103 Those investigating cases of child abuse shall take into account child-rearing practices of the culture in which the child participates, including the work-related practices of agricultural communities.

The reasonable exercise of parental discipline is not considered abuse.

No child who, in lieu of medical treatment, is under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing shall, for that reason only, be considered neglected. The religious rights of the parent shall not limit the access of a child to medical care in a life-threatening situation.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 13-14-101‘Contact’ means any interaction or communication with another person, directly or indirectly through a third party, and electronic and digital forms of communication, including, but not limited to, communication through social media.

‘Domestic abuse’ means any act, attempted act, or threatened act of violence, stalking, harassment, or coercion that is committed by any person against another person to whom the actor is currently or was formerly related, or with whom the actor is living or has lived in the same domicile, or with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship may be an indicator of an intimate relationship but is never a necessary condition for finding an intimate relationship.

The term ‘coercion’ includes compelling a person by force, threat of force, or intimidation to engage in conduct from which the person has the right or privilege to abstain, or to abstain from conduct in which the person has a right or privilege to engage.

‘Domestic abuse’ also may include any act, attempted act, or threatened act of violence against:

• The minor children of either of the parties
• An animal owned, possessed, leased, kept, or held by either of the parties or by a minor child of either of the parties when the threat, act, or attempted act is intended to coerce, control, punish, intimidate, or exact revenge upon either of the parties or a minor child of either of the parties

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. § 18-6-800.3‘Domestic violence’ means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. ‘Domestic violence’ also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

Persons Included in the Definition

Citation: Rev. Stat. § 18-6-800.3‘Intimate relationship’ means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

Current Through March 2015

Citation: Rev. Stat. § 19-3-309

Any person, other than the perpetrator, complicitor, coconspirator, or accessory, who participates in good faith in making a report pursuant to the reporting laws, the facilitation of the investigation of such a report or a judicial proceeding resulting therefrom, the taking of photographs or x-rays, the placing in temporary protective custody of a child, or otherwise performing his or her duties or acting pursuant to law, shall be immune from any civil or criminal liability or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person’s behavior was willful, wanton, and malicious.

For the purpose of any proceedings, civil or criminal, the good faith shall be presumed of any such person reporting child abuse, any such person taking photographs or x-rays, and any such person who has legal authority to place a child in protective custody.

Current Through February 2013

Individual Responsibility to Report

Citation: Rev. Stat. §§ 19-3-304; 19-3-307 A mandated reporter who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall report immediately to the county department or a law enforcement agency. The reporter shall promptly follow up with a written report.

A film processor shall report any suspicion of sexual abuse to a law enforcement agency, immediately by telephone, and shall prepare and send a written report of it with a copy of the film, photograph, videotape, negative, or slide attached within 36 hours of receiving the information concerning the incident.

Content of Reports

Citation: Rev. Stat. § 19-3-307 The county department shall submit a report of confirmed child abuse or neglect within 60 days of receipt of the report to the State department. The report, when possible, shall include the following information:

• The name, address, age, sex, and race of the child
• The name and address of the person responsible for the suspected abuse or neglect
• The nature and extent of the child’s injuries, including any evidence of previous cases of abuse or neglect of the child or the child’s siblings
• Family composition
• The source of the report, including the name, address, and occupation of the person making the report
• Any action taken by the reporting source
• Any other information that might be helpful

Reporting Suspicious Deaths

Citation: Rev. Stat. § 19-3-305; Code of Regs. 12 CCR 2509-3 A mandated reporter who has reasonable cause to suspect that a child has died as a result of abuse or neglect shall report that fact immediately to a local law enforcement agency and the appropriate medical examiner. The county department shall forward a copy of such report to the State Department of Human Services.

In regulation: The county department shall assess an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality in intrafamilial and institutional settings in those cases in which:

• There is reason to know or suspect that abuse or neglect caused or contributed to the egregious abuse or neglect, a near fatality, or a fatality of a child.
• The cause of the incident of egregious abuse or neglect, near fatality, or fatality is unknown or the information given is not consistent with the degree or type of injury and/or subsequent death.

The county department shall coordinate with law enforcement, the district attorney’s office, the coroner’s office, and hospitals to ensure that prompt notification is made of an incident of egregious abuse or neglect, near fatality, or fatality of a child, that is suspicious for child abuse or neglect.

Assessments shall be coordinated with law enforcement. At a minimum in cases in which there are no surviving children, the county department shall provide law enforcement and the coroner with information related to any prior involvement with the child, the family, or the alleged perpetrator.

When there are surviving or noninjured children, the county department shall assess the condition of those children and take the action necessary to ensure their protection.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Rev. Stat. § 19-3-308 The county department shall receive the reports of abuse or neglect.

Initial Screening Decisions

Citation: Rev. Stat. § 19-3-308; Code of Regs. 12 CCR 2509-3 The county department shall respond immediately upon receipt of any report of a known or suspected incident of intrafamilial abuse or neglect to assess the abuse involved and the appropriate response to the report. The assessment shall be in accordance with rules adopted by the State Board of Social Services to determine the risk of harm to such child and the appropriate response to such risks.

Appropriate responses shall include, but are not limited to, screening reports that do not require further investigation, providing appropriate intervention services, pursuing reports that require further investigation, and conducting immediate investigations.

In regulation: The county department shall assign a referral for assessment and investigation if it:

• Contains specific allegations of known or suspected abuse or neglect as defined in statutes and regulations
• Provides sufficient information to locate the alleged victim
• Identifies a victim younger than age 18

A ‘known’ incident of abuse or neglect would involve those reports in which a child has been observed being subjected to circumstances or conditions that would reasonably result in abuse or neglect. ‘Suspected’ abuse or neglect would involve those reports that are made based on patterns of behavior, conditions, statements, or injuries that would lead to a reasonable belief that abuse or neglect has occurred or that there is a serious threat of harm to the child.

Agency Conducting the Assessment/Investigation

Citation: Rev. Stat. § 19-3-308 The county department shall be the agency responsible for the coordination of all investigations of all reports of known or suspected incidents of intrafamilial abuse or neglect. The county department shall conduct the investigation in conjunction with the local law enforcement agency, to the extent a joint investigation is possible and deemed appropriate, and any other appropriate agency.

If a local law enforcement agency receives a report of a known or suspected incident of intrafamilial abuse or neglect, it shall attempt to contact the county department in order to refer the case for investigation.

Local law enforcement agencies shall have the responsibility for the coordination and investigation of all reports of third-party abuse or neglect by persons age 10 or older. Upon receipt of a report, if the local law enforcement agency reasonably believes that the protection and safety of a child is at risk due to an act or omission on the part of persons responsible for the child’s care, that agency shall notify the county department of social services for an assessment regarding neglect or dependency. In addition, the local law enforcement agency shall refer to the county department of social services any report of third-party abuse or neglect in which the person allegedly responsible for such abuse or neglect is younger than age 10.

Assessment/Investigation Procedures

Citation: Rev. Stat. § 19-3-308If a county department that is participating in the differential response pilot program determines from an assessment that the known or suspected incident of intrafamilial abuse or neglect that was the basis for the assessment is of low or moderate risk, the county department, in lieu of performing an investigation may proceed in accordance with the provisions of §19-3-308.3.

The investigation, to the extent that it is reasonably possible, shall include:

• The credibility of the source or the report
• The nature, extent, and cause of the abuse or neglect
• The identity of the person responsible for the abuse or neglect
• The names and conditions of any other children living in the same place
• The environment and the relationship of any children to the person responsible for the suspected abuse or neglect
• All other data deemed pertinent

The investigation shall include an interview with or observance of the child who is the subject of a report of abuse or neglect. The investigation may include a visit to the child’s place of residence, place of custody, or wherever the child may be located, as indicated by the report. In addition, in connection with any investigation, the alleged perpetrator shall be advised as to the allegation of abuse and neglect and the circumstances surrounding such allegation and shall be afforded an opportunity to respond.

Upon receipt of a report, if the county department reasonably believes that an incident of abuse or neglect has occurred, it shall immediately notify the local law enforcement agency responsible for investigation of violations of criminal child abuse laws. The local law enforcement agency may conduct an investigation to determine if a violation of any criminal child abuse law has occurred.

Timeframes for Completing Investigations

Citation: Code of Regs. 12 CCR 2509-3 The county department’s decision on how quickly to initiate an investigation is based on specific reported information that is credible and that indicates whether a child may be unsafe or at risk of harm. The county department shall assign priority in response time using the following criteria:

• Immediate and/or same day response is required when the report indicates that:
  • Without immediate response, the child is in danger of moderate to severe harm.
  • The child’s vulnerability or factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or State increase the need for immediate response.
• If the report is received after regular business hours, the timeframe is immediate and/or up to 8 hours.
• Response is required by the end of the third calendar day following receipt of the report when the report indicates that:
  • Without a response within 3 days, the child is in danger of moderate to severe harm.
  • Factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or State increase the need for intervention in the near future.
• Response is required within 5 working days from the date the report is received when the report indicates maltreatment or risk of maltreatment to a child and indicates an absence of safety concerns.

An investigation shall be completed within 30 calendar days of date the referral was received, unless there are circumstances that have prevented this from occurring. Such circumstances shall be documented in the department’s automated reporting system.

Classification of Reports

Citation: Code of Regs. 12 CCR 2509-3 Reports may be classified as follows:

• ‘Founded’: The child abuse or neglect investigation established that an incident of child abuse or neglect has occurred, by a preponderance of evidence.
• ‘Inconclusive’: There was some likelihood that abuse or neglect occurred but the child abuse or neglect investigation could not obtain the evidence necessary to make a founded report of child abuse or neglect.

Upon completion of an investigation, the county department shall consider a report founded if there is a preponderance of evidence to support that abuse occurred.

Current Through April 2015

Citation: Rev. Stat. § 19-1-103(1)(a) ‘Abuse’ or ‘child abuse or neglect’ means an act or omission in one of the following categories that threatens the health or welfare of a child:

• Any case in which, in the presence of a child or on the premises where a child is found or resides, a controlled substance as defined in § 18-18-102(5) is manufactured or attempted to be manufactured
• Any case in which a child tests positive at birth for either a Schedule I controlled substance, including opiates, opiate derivatives, hallucinogens, stimulants, and depressants that have no legitimate medical use [as defined in § 18-18-203], or a Schedule II controlled substance, including any potentially addictive substance that is used or manufactured contrary to its current accepted medical use [as defined in § 18-18-204], 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

Citation: Rev. Stat. § 18-6-401(1)(c) A person commits child abuse if, in the presence of a child, on the premises where a child is found or resides, or in a vehicle containing a child, the person knowingly engages in the manufacture or attempted manufacture of a controlled substance as defined by § 18-18-102(5); or knowingly possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers with the intent to use the product as an immediate precursor in the manufacture of a controlled substance. It shall be no defense to the crime of child abuse that the defendant did not know that a child was present, a child could be found, a child resided on the premises, or a vehicle contained a child.

A parent or lawful guardian of a child, or a person having the care or custody of a child, who knowingly allows the child to be present or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know that another person is engaged in the manufacture or attempted manufacture of methamphetamine commits child abuse.

A parent or lawful guardian of a child, or a person having the care or custody of a child, who knowingly allows the child to be present or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know that another person possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers with the intent to use the product as an immediate precursor in the manufacture of methamphetamine commits child abuse.

Citation: Rev. Stat. § 19-3-401(3)(b)-(c) A newborn child who is in a hospital setting shall not be taken into temporary protective custody without an order of the court. The order must include findings that an emergency situation exists and that the newborn child is seriously endangered. A newborn child may be detained in a hospital by a law enforcement officer upon the recommendation of a county department of social services, a physician, a registered nurse, a licensed practical nurse, or a physician’s assistant while a court order is being pursued, but the newborn child must be released if a court order is denied. Court orders shall not be required in the following circumstances:

• When a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician’s assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure
• When the newborn child is subject to an environment exposing the newborn child to a laboratory for manufacturing controlled substances

Citation: Rev. Stat. § 19-3-102(1)(g) A child is neglected or dependent if the child tests positive at birth for either a Schedule I controlled substance, as defined in § 18-18-203, or a Schedule II controlled substance, as defined in § 18-18-204, 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.

Current Through August 2014

Making The Appointment

Citation: Rev. Stat. §§ 19-1-111; 19-1-111.5; 19-3-203 The court shall appoint a guardian ad litem (GAL) for the child in all dependency or neglect cases under this title.

The court may appoint a court-appointed special advocate (CASA) volunteer if the court finds that the appointment would be in the best interests of the child. The court may direct the manner in which a CASA volunteer and any GAL appointed in a case shall collaborate.

Upon the filing of a petition under § 19-3-502 that alleges abuse or neglect of a minor child, the court shall appoint a GAL. Nothing in this section shall limit the power of the court to appoint a GAL prior to the filing of a petition for good cause.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Rev. Stat. §§ 19-1-206; 19-1-207 Any judge or magistrate may appoint a CASA volunteer in any action brought pursuant to titles 14, 15, and 19, when, in the opinion of the judge or magistrate, a child who may be affected by such action requires services that a CASA volunteer can provide. At the discretion of the judge or magistrate, a CASA volunteer may be a party to the action if so provided for in the memorandum of understanding.

A CASA volunteer shall be appointed at the earliest stages of an action pursuant to a court order that gives him or her the authority to review all relevant documents and interview all parties involved in the case, including parents, other parties in interest, and any other persons having significant information relating to the child.

The CASA volunteer’s appointment shall conclude:

• When the court’s jurisdiction over the child terminates
• Upon discharge by the court on its own motion or at the request of the program director of the CASA program to which the CASA volunteer is assigned

A CASA volunteer shall not:

• Accept any compensation for the duties and responsibilities of his or her appointment
• Have any association that creates a conflict of interest with his or her duties
• Be related to any party or attorney involved in a case
• Be employed in a position that could result in a conflict of interest or give rise to the appearance of a conflict
• Use the CASA volunteer position to seek or accept gifts or special privileges

Qualifications/Training

Citation: Rev. Stat. §§ 13-91-103; 19-1-204; 19-1-205; Colo. Chief Justice Directive 04-06(V)(A)(1), (2)A GAL who is appointed to represent a child in a dependency or neglect proceeding shall be an attorney-at-law licensed to practice in Colorado.

All CASA volunteers shall participate fully in preservice training, including instruction on recognizing child abuse and neglect, cultural awareness, child development, the juvenile court process, permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation. Volunteers shall be required to participate in observation of court proceedings prior to appointment.

All volunteers shall receive training manuals that shall include guidelines for their service and duties.

Each CASA program shall provide a minimum of 10 hours of inservice training per year to CASA volunteers.

The minimum qualifications for any prospective volunteer are that he or she shall:

• Be at least age 21 and have demonstrated an interest in children and their welfare
• Be willing to commit to the court for a minimum of 1 year of service to a child
• Complete an application, including providing background information required below
• Participate in a screening interview
• Participate in the required training
• Meet other qualifications as determined by the CASA program director and the chief judge of the judicial district

A prospective volunteer’s application shall include:

• A copy of any criminal history record and motor vehicle record
• Written authorization for the CASA program to obtain information contained in any records or reports of child abuse or neglect concerning the prospective volunteer
• At least three references of people who can address his or her character, judgment, and suitability for the position
• Records from any other jurisdictions in which he or she resided during the 1-year time period prior to the date of the application if the prospective volunteer has resided in Colorado for less than 12 months

In court rules: Attorneys appointed as GALs, child’s representatives, or counsel for children shall possess the knowledge, expertise, and training necessary to perform the court appointment. In addition, GALs, child’s representatives, and counsel for children shall obtain 10 hours of the required continuing legal education courses or any other modified training requirements established by subsequent Chief Justice Directive practice standards, rule, or statute that are relevant to the appointment and that enhance the attorney’s knowledge of the issues in best interests and child client-directed representation. These requirements should be met prior to the attorney’s first appointment and per legal education reporting period. The attorney shall provide the Office of the Child’s Representative (OCR) with proof of compliance with this requirement with his or her application to provide attorney services or contract renewal for the OCR.

Specific Duties

Citation: Rev. Stat. §§19-3-203; 19-1-208 The GAL shall represent the child’s interests. To that end, he or she shall:

• Investigate as necessary to ascertain the facts
• Talk with or observe the child involved
• Examine and cross-examine witnesses in both the adjudicatory and dispositional hearings
• Introduce and examine his or her own witnesses
• Make recommendations to the court concerning the child’s welfare
• Appeal matters to the Court of Appeals or the Supreme Court
• Participate in further proceedings as needed

In addition, the GAL, if in the best interests of the child, shall seek to ensure that reasonable efforts are made to prevent unnecessary placement of the child out of the home and to facilitate reunification of the child with the child’s family or, if reunification is not possible, to find another safe and permanent living arrangement for the child. In determining whether reasonable efforts are made with respect to a child, the child’s health and safety shall be the paramount concern.

Upon appointment, a CASA volunteer may:

• Conduct an independent investigation regarding the best interests of the child to provide factual information to the court regarding the child and the child’s family, including:
  • Interview and observe of the child
  • Interview other appropriate individuals
  • Review relevant records and reports
• Determine whether an appropriate treatment plan has been created for the child and family, appropriate services are being provided, and treatment is progressing in a timely manner
• Make recommendations consistent with the best interests of the child regarding placement, visitation, and appropriate services
• Prepare written reports to be distributed to the parties of the action
• Monitor the case to ensure that the child’s essential needs are met and that the terms of the court’s orders are fulfilled

How the Representative Is Compensated

Citation: Rev. Stat. § 13-91-105; 13-91-106 The OCR shall establish fair and realistic State rates by which to compensate State-appointed GALs that will take into consideration the caseload limitations placed on GALs and that will be sufficient to attract and retain high-quality, experienced attorneys to serve as GALs.

There is hereby created in the State treasury the Guardian ad Litem Fund. The money in the fund shall be subject to annual appropriation by the general assembly to the State Judicial Department for allocation to the OCR for the provision of GAL services in Colorado.

There is also created in the State treasury the Court-Appointed Special Advocate Fund. The money in the fund shall be subject to annual appropriation by the general assembly to the State Judicial Department for allocation to the OCR for the purposes of funding the CASA programs established in each judicial district or in adjacent judicial districts, and the work of the OCR relating to the enhancement of CASA programs.

Current Through April 2014

When Case Plans Are Required

Citation: Rev. Stat. § 19-3-209; Code of Regs. 12 CCR 2509-4 (7.301.21) An individual case plan, developed with the input or participation of the family, is required to be in place for all abused and neglected children and the families of such children in each case that is opened for the provision of services beyond the investigation of the report of child abuse or neglect, regardless of whether the child or children involved are placed out of the home or under court supervision.

In regulation: The Family Service Plan document must be completed:

• Within 60 calendar days of opening an assessment in the automated case management system for children in their own homes, including Core Services program cases in which the children are not in out-of-home placement. There may be one Family Services Plan for the family in these cases.
• Within 60 calendar days of opening an assessment in the automated case management system for children in out-of-home placement, including those cases in which the children are receiving Core Services. There may be one Family Services Plan for the family; however, discrete sections in the treatment plan and in the placement information are required for each child in placement.
• For children age 16 and older in out-of-home placement, the plan for transition to independent living/emancipation shall be completed within 60 calendar days of the child’s 16th birthday or of case opening.

Who May Participate in the Case Planning Process

Citation: Rev. Stat. § 19-3-209; Code of Regs. 12 CCR 2509-4 (7.301.22)The family may participate in the development of the individual case plan.

In regulation: The county shall ensure that the following parties participate in the development of the Family Services Plan:

• The caseworker
• The parents or legal guardians
• The child
• Immediate and extended family members as appropriate to the family and child’s service needs
• Service providers, including kin caregivers and other out-of-home caregivers

All parties shall sign the plan and the caseworker’s supervisor shall approve and sign the plan. The caseworker shall provide all parties with a copy of the signed plan. The reasons for any absence of signatures shall be documented on the plan. If the caseworker is unable to involve both parents, the child, or the provider, the efforts to do so and the reasons for the inability to do so shall be documented on the plan.

Contents of a Case Plan

Code of Regs. 12 CCR 2509-4 (7.301.23; 7.301.24; 7.301.241) The Family Services Plan shall document that the services provided:

• Are directed at the areas of need identified in the assessment
• Are designed to ensure that the child receives safe and proper care
• Are culturally and ethnically appropriate, including, but not limited to, consideration of the child’s family, community, neighborhood, faith or religious beliefs, school activities, friends, and primary language

Outcomes to be achieved as a result of the services provided will be described in terms of specific, measurable, agreed-upon, realistic, time-limited objectives to be accomplished by the parents, child, service providers, and county staff.

For children in out-of-home placement, the plan shall document:

• That the child meets out-of-home placement criteria
• That when the child is part of a sibling group and the sibling group is being placed out of the home, it shall be presumed that placing the siblings together is in the best interests of the children
• The problems to be resolved in order to facilitate reunification of the child and family
• A description of the type of facility in which the child is placed and why the placement is appropriate and safe for the child
• For children placed a substantial distance from the home of the parents or an out-of-State placement, how the placement meets the best interests of the child
• A description of how the home is in reasonable proximity to the home of the parents or relatives and to the school the child has attended, including requirements regarding planning for educational stability
• That the placement is the least restrictive, safe, and most appropriate setting available consistent with the best interests and specific needs of the child
• Documentation of initial and ongoing efforts to place the child with kin
• Health and educational information
• Specific plans for how the county will carry out any court orders concerning the child
• A description of the services and resources needed by the foster parents or kinship providers to meet the needs of the child and how those services and resources will be provided
• A description of the services provided to reunite the family, including the plan for visitation, or to accomplish another permanency goal
• For youth under age 16, a description of services and a plan for accomplishing tasks to prepare youth to be age-appropriately self-sufficient, when independent living services are provided
• For youth age 16 and older, a description of services and a plan for accomplishing tasks to assist the youth in preparation for self-sufficiency and independent living, as early in placement as possible but no later than 60 days after the youth’s 16th birthday
• That reasonable efforts have been made to maintain the child in the home, prevent or eliminate the need for removal of the child from home, or make it possible for the child to return home
• The specified permanency goal for the child, based on the individual needs and best interests of the child, including one of the following:
  • Remain home
  • Return home
  • Permanent placement with a relative through adoption
  • Permanent placement with a relative through legal guardianship or permanent custody
  • Adoption by a nonrelative
  • Legal guardianship/permanent custody with a nonrelative
  • Other planned permanent living arrangement through emancipation, relative long term-foster care, or nonrelative long-term foster care

County departments shall coordinate with local school districts to ensure there is a plan for educational stability. The family services plan shall document:

• Efforts to maintain the child in the same school attended prior to the out-of-home placement
• If remaining in the same school is not in the child’s best interests, efforts to enroll the child in a new school, including timely transfer of the educational records

Current Through January 2016

Schedule of Hearings

Citation: Rev. Stat. § 19-3-702; 12 Code of Regs. 2509-4, 7.304.65 Permanency hearings shall be held:

• As soon as possible after the dispositional hearing, but no later than 12 months after the child has entered foster care
• Every 12 months thereafter while the child remains in an out-of-home placement
• Within 30 days after a finding that reasonable efforts are not required
• Within 3 months in counties with expedited permanency planning for children under age 6

In regulation: An administrative review is conducted by the Department of Human Services, Administrative Review Division. If there is no objection by any party to the action, the court may order that an administrative review substitute for a 6-month periodic review.

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 19-3-702; 12 Code of Regs. 2509-4, 7.304.65 The following persons shall be present at all hearings:

• The parents of the child
• The child, if appropriate
• The foster parents, preadoptive parents, or relative caregivers, if any

In regulation: An administrative review is open to the participation of the parents of the child, the child (if age appropriate, as determined by the caseworker), and the out-of-home care provider, preadoptive parents, or relatives/kin who are providing out-of-home care for the child. All attorneys of record must be invited to court-ordered administrative reviews.

Determinations Made at Hearings

Citation: Rev. Stat. § 19-3-702 At the permanency hearing, the court shall first determine whether the child shall be returned to the child’s parent, and, if applicable, the date on which the child shall be returned, and whether reasonable efforts have been made to find a safe and permanent placement for the child. If the child is not returned to his or her parent, the court shall determine whether there is a substantial probability that the child will be returned within 6 months.

At any permanency hearing conducted by the court, the court shall make determinations as to the following:

• Whether procedural safeguards to preserve parental rights have been applied in connection with any change in the child’s placement or any determination affecting parental visitation of the child
• Whether reasonable efforts have been made to finalize the permanency plan that is in effect at the time of the hearing
• If a child resides in a placement out of State, whether the out-of-State placement continues to be appropriate and in the best interests of the child
• If the child is age 16 or older, whether the permanency plan includes independent living services

Periodic reviews conducted by the court–or, if there is no objection by any party to the action and at the court’s discretion, through an administrative review conducted by the department–shall determine the following:

• Whether the child’s safety is protected in the placement
• Whether reasonable efforts have been made to find a safe and permanent placement
• The continuing necessity for and appropriateness of the placement
• The extent of compliance with the case plan, and the extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care
• A likely date by which the child may be returned to and safely maintained at home or placed for adoption, legal guardianship, or another permanent safe placement setting

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT

Permanency Options

Citation: Rev. Stat. §§ 19-3-702; 19-3-703 If the child cannot be returned to the parent, the court shall determine the future placement of the child. Options for placement may include:

• Adoption
• Legal guardianship or custody
• Placement with a fit and willing relative
• Another permanent living arrangement

In counties with expedited permanency planning, placement options for a child under age 6 include:

• Reunification with the parent
• Placement with a relative
• Placement with an adoptive parent
• Permanent custody granted to another
• If the child cannot be returned home, placement in the least restrictive level of care

Current Through March 2016

Citation: Rev. Stat. § 19-1-102(1), (1.5) The General Assembly declares that the purposes of this title are:

• To secure for each child subject to these provisions such care and guidance, preferably in his or her own home, as will best serve his or her welfare and the interests of society
• To preserve and strengthen family ties whenever possible, including improvement of the home environment
• To remove a child from the custody of his or her parents only when his or her welfare and safety or the protection of the public would otherwise be endangered and, in either instance, for the courts to proceed with all possible speed to a legal determination that will serve the best interests of the child
• To secure for any child removed from the custody of his or her parents the necessary care, guidance, and discipline to assist him or her in becoming a responsible and productive member of society

The General Assembly declares that it is in the best interests of the child who has been removed from his or her own home to have the following guarantees:

• To be placed in a secure and stable environment
• To not be indiscriminately moved from foster home to foster home
• To have assurance of long-term permanency planning

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Rev. Stat. § 19-3-604 The court may order a termination of the parent-child legal relationship upon the finding by clear and convincing evidence of any one of the following:

• The child has been abandoned by his or her parents.
• The parent has been found to be unfit due to one of the following:
  • Emotional illness, mental illness, or mental deficiency of the parent of such duration or nature as to render the parent unlikely within a reasonable time to care for the ongoing physical, mental, and emotional needs and conditions of the child
  • A single incident resulting in serious bodily injury or disfigurement of the child
  • Long-term incarceration of the parent of such duration that the parent is not eligible for parole for at least 6 years after the date the child was adjudicated dependent or neglected or, if the child is under age 6, the parent is not eligible for parole for at least 36 months
  • Serious bodily injury or death of a sibling due to proven parental abuse or neglect
  • An identifiable pattern of habitual abuse
  • An identifiable pattern of sexual abuse of the child
  • The torture of or extreme cruelty to the child, a sibling of the child, or another child of either parent
• The parent has not attended visitations with the child as set forth in the treatment plan unless good cause can be shown for failing to visit.
• The parent exhibits the same problems addressed in the treatment plan without adequate improvement.
• The parent is unfit, and the conduct or condition of the parent is unlikely to change within a reasonable time.

In determining unfitness, the court shall consider, but not be limited to, the following:

• Conduct toward the child of a physically or sexually abusive nature
• History of violent behavior
• A single incident of life-threatening or serious bodily injury or disfigurement of the child
• Excessive use of intoxicating liquors or controlled substances that affects the ability to care and provide for the child
• Neglect of the child
• Injury or death of a sibling due to proven parental abuse or neglect, murder, voluntary manslaughter, or circumstances in which a parent aided, abetted, or attempted the commission of or conspired or solicited to commit murder of a child’s sibling
• Reasonable efforts by child-caring agencies that have been unable to rehabilitate the parent or parents
• Prior involvement with the Department of Human Services concerning an incident of abuse or neglect involving the child followed by a subsequent incident of abuse or neglect
• Felony assault committed by a parent that resulted in serious bodily injury to the child or to another child of the parent
• That the child has been in foster care under the responsibility of the county department for 15 of the most recent 22 months
• Whether, on two or more occasions, a child in the physical custody of the parent has been adjudicated dependent or neglected
• Whether, on one or more prior occasions, a parent has had his or her parent-child legal relationship terminated with another child

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Rev. Stat. §§ 19-3-604; 19-3-702 A petition to terminate parental rights will be filed when the child has been in foster care for 15 of the most recent 22 months unless:

• The child is placed with a relative of the child.
• The department has documented in the case plan that such motion would not be in the best interests of the child.
• Reasonable efforts to reunify the child with the parent, as identified in the case plan, have not been provided.
• The child has been in foster care under the responsibility of the county department for such period of time due to circumstances beyond the control of the parent, such as incarceration of the parent for a reasonable period of time, court delays or continuances that are not attributable to the parent, or such other reasonable circumstances that the court finds are beyond the control of the parent.

The county Department of Social Services may not be required to petition for termination of parental rights when:

• The parents or guardians have maintained regular parenting time and contact with the child, and the child would benefit from continuing this relationship.
• A child who is age 12 or older objects to the termination of the parent-child legal relationship.
• The child’s foster parents are unable to adopt the child because of exceptional circumstances but are willing and capable of providing the child with a stable and permanent environment, and the removal of the child from the physical custody of his or her foster parents would be seriously detrimental to the emotional well-being of the child.
• The criteria listed above have not yet been met.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Rev. Stat. § 19-3-304.5

A child who is 72 hours old or younger may be relinquished.

Who May Relinquish the Infant

Citation: Rev. Stat. § 19-3-304.5

The parent of the child may voluntarily relinquish the child.

Who May Receive the Infant

Citation: Rev. Stat. § 19-3-304.5

A child may be delivered to:

• A firefighter
• A hospital staff member who engages in the admission, care, or treatment of patients

Responsibilities of the Safe Haven Provider

Citation: Rev. Stat. § 19-3-304.5

When a firefighter is at a fire station or a hospital staff member is at a hospital, the firefighter or hospital staff member shall, without a court order, take temporary physical custody of the child if:

• The child is 72 hours old or younger.
• The parent did not express an intent to return for the child.

If a firefighter or hospital staff member takes temporary physical custody of a child, he or she shall:

• Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health or safety of the child during the temporary physical custody
• Notify a law enforcement officer and the county department of social services of the abandonment within 24 hours after the abandonment

Immunity for the Provider

Citation: Rev. Stat. § 19-3-304.5

A firefighter or hospital staff member shall incur no civil or criminal liability for any good-faith acts or omissions performed pursuant to this section.

Protection for Relinquishing Parent

Citation: Rev. Stat. §§ 18-6-401(9): 19-3-304.5

A parent who utilizes the provisions of this section shall not, for that reason alone, be found to be responsible in a confirmed report of abuse or neglect.

If a parent is charged with permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, and the child was 72 hours old or younger at the time of the alleged offense, it shall be an affirmative defense to such charge that the parent safely, reasonably, and knowingly handed the child over to a firefighter or to a hospital staff member who engages in the admission, care, or treatment of patients, when such firefighter is at a fire station or such hospital staff member is at a hospital.

Effect on Parental Rights

Citation: Rev. Stat. § 19-3-304.5

A county department of social services shall:

• Place an abandoned child with a potential adoptive parent as soon as possible
• Proceed with a motion to terminate the parental rights of a parent who abandons a child

Current Through December 2014

Definitions

Citation: Code of Regs. 12 CCR 2509-4, 7.304.21; 7.304.21 Kinship care is the full time nurturing and protection of children and youth by kin. Kin are relatives, persons ascribed by the family as having a familylike relationship, or they may be individuals that have a prior significant relationship with the child or youth. These relationships take into account cultural values and continuity of significant relationships.

For the purpose of the Relative Guardianship Assistance Program, a relative is defined as:

• An adult who is related to the youth or child in the fifth degree of kinship
• An adult who is related to the youth or child through marriage or adoption
• A person ascribed by the family as having a familylike relationship
• An individual that had a prior significant relationship with the youth or child

Purpose of Guardianship

Citation: Code of Regs. 12 CCR 2509-4, 7.304.21 Kinship care shall be utilized to:

• Maintain children in their families in order to provide meaningful emotional and cultural ties across the life span
• Minimize the trauma of out-of-home placement
• Support and strengthen families’ ability to protect their children and to provide permanency

A Guardian’s Rights and Responsibilities

This issue is not addressed in the statutes and regulations reviewed.

Qualifying the Guardian

Citation: Code of Regs. 12 CCR 2509-4, 7.304.21 When the county department has not assumed legal authority for placement or taken legal custody of the child, the county department shall enable the family to make voluntary arrangements for temporary custody or guardianship by kin. The county department is not required to complete the kinship care or foster care certification process in these cases. A family assessment may be completed using the Department of Human Services’ modified Structured Analysis Family Evaluation (SAFE) for uncertified kinship families to determine the character and suitability of the family, appropriateness of the home, and child care practices.

The county department shall complete a background check in all cases for each adult (age 18 and older) living the home, including the following:

• Child abuse/neglect records in every State where the adult has resided in the 5 years preceding the date of application
• Fingerprint-based criminal history checks from the Colorado Bureau of Investigation and the Federal Bureau of Investigation, which shall be initiated by the county department the next working day following the placement of a child, except when the placement is completed in compliance with §19-3-406, C.R.S.

When the county department has assumed legal authority for placement or taken legal custody, the county department shall determine whether there are available and willing kin to provide for the child. Parents shall be included as part of the planning process for placement with kin unless there are documented reasons for their unavailability to participate. If kin are available and willing, the county department shall assess the suitability of kin in accordance with the foster care certification requirements found at §§ 7.500 and 7.708.

Procedures for Establishing Guardianship

Citation: Rev. Stat. § 19-3-605; Code of Regs. 12 CCR 2509-4, 7.311 Following an order of termination of parental rights, the court shall consider, but shall not be bound by, a request that guardianship and legal custody of the child be placed with a relative of the child. When ordering guardianship of the child, the court may give preference to a grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child when such relative has made a timely request and the court determines that such placement is in the best interests of the child.

In making placement determinations, the court may consider all pertinent information related to modifying the placement of the child, giving strong consideration to whether:

• The child’s placement at the time of the hearing is a safe and potentially permanent placement for the child.
• The child has significant psychological ties to a person who could provide a permanent placement for the child, including a relative, and, if so, whether this person maintained contact with the child during the child’s placement out of the home.
• That person is aware of the child’s culture and willing to provide the child with positive ties to his or her culture.
• That person could meet the child’s medical, physical, emotional, or other specific needs.

The court also shall consider the child’s attachment to the child’s current caregiver and the possible effects on the child’s emotional well-being if the child is removed from the caregiver’s home.

In regulation: When a child has been placed by the county department into temporary kinship care and reasonable efforts to reunite the child with the parents are not successful, the county department shall consider permanent placement with the kinship care provider or other appropriate kin. The preferred permanent placement shall be adoption, legal guardianship, or permanent custody.

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

Eligibility for Guardianship Subsidy

Citation: Rev. Stat. § 26-5-110; Code of Regs. 12 CCR 2509-4, 7.311 Assistance from the guardianship assistance program shall be made available to relatives, persons who have a familylike relationship with the child, or persons who have had a prior significant relationship with the child who:

• Are committed to the child’s permanency
• Were the foster parent or parents of the child at the time they assumed guardianship
• Have assumed guardianship of the child

In regulation: The Relative Guardianship Assistance Program provides assistance to a relative guardian so that permanency is achieved for an eligible child. Relative guardianship assistance is intended to help or remove financial or other barriers for a relative guardian by providing assistance to the relative guardian to care for and raise the child. All requirements of this section relate solely to the Relative Guardianship Assistance Program and exclude any other type of guardianship.

Eligibility requirements for the prospective relative guardian and child are as follows:

• The most recent removal occurred through a court order or a voluntary placement agreement that includes a judicial determination that continuation in the home would be contrary to the welfare of the child.
• The prospective relative guardian was the certified kinship family foster care parent for the child for a minimum of 6 consecutive months while the child resided in the home.
• Reunification and adoption are not appropriate permanency goal options for the child.
• The child demonstrates a strong attachment to the relative.
• Youth who are age 12 or older are consulted about their expressed wishes to be placed in a relative guardianship.
• The prospective relative guardian has a strong commitment to caring for the child permanently.
• A permanent placement with a prospective relative guardian and receipt of a relative guardianship assistance payment is in the best interests of the youth or child.

Links to Agency Policies

Colorado Code of Regulations, Section 7.304.21, Kinship Care, Social Services Rules, 12 CCR 2509-4 (PDF – 1,018 KB)

Colorado Kinship Connection, Navigating Kinship Care: A Resource Guide for Kinship Families in Colorado

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Rev. Stat. §§ 19-3-508(b)(I); 19-3-605; 12 Code of Regs. 2509-4, § 7.304 If the court finds that placement out of the home is necessary and is in the best interests of the child and the community, the court shall place the child with a relative, including the child’s grandparent if such placement is in the child’s best interests.

Following an order of termination of parental rights, the court shall consider, but shall not be bound by, a request that guardianship and legal custody of the child be placed with a relative of the child. When ordering guardianship and legal custody of the child, the court may give preference to a grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child when such relative has made a timely request and the court determines that such placement is in the best interests of the child.

In regulation: When the county department has assumed legal authority for placement or taken legal custody of a child and out-of-home placement is necessary, the county department shall determine whether there are available and willing kin to provide for the child. If kin are available and willing, the county department shall assess the suitability of kin in accordance with the foster care certification requirements found at Sections 7.500 and 7.708.

Requirements for Placement with Relatives

Citation: Rev. Stat. §§ 19-3-403; 19-3-406; 12 Code of Regs. 2509-4, § 7.304 The court may consider and give preference to giving temporary custody to a child’s relative who is appropriate, capable, willing, and available for care if it is in the best interests of the child.

Any time a relative is identified as a potential emergency placement for the child, the local law enforcement agency shall conduct an initial criminal history record check of the relative prior to the county department placing the child in the emergency placement.

In regulation: Requirements for approving kinship care services when the department has not assumed legal authority for placement or taken legal custody include:

• When the child’s parents do not pose an ongoing threat to the child, the department shall enable the family to make voluntary arrangements for temporary custody or guardianship by kin.
• The department is not required to complete the kinship care or foster care certification process in these cases. A family assessment may be completed to determine the character and suitability of the family, appropriateness of the home, and child care practices.
• The department shall complete a background check in all cases for each adult living in the home for the following:
  • Child abuse/neglect records in every State where the adult has resided in the preceding 5 years
  • Fingerprint-based criminal history checks

In the decision-making process, funding and support options that encourage kinship care as a form of family preservation rather than a placement service shall be a primary consideration. If the kinship caregivers meet all of the standards for family foster home certification, they may choose to be certified as a family foster home. Kinship providers for title IV-E eligible children are entitled to the same level of reimbursement as nonrelated providers.

Relative kinship care providers shall be informed about the relative guardianship assistance program.

Requirements for Placement of Siblings

Citation: Rev. Stat. §§ 19-3-508(b)(II); 19-3-605(2)Notwithstanding the provisions of § 19-3-605(1) to the contrary, when the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, the court shall presume that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.

Relatives Who May Adopt

Citation: Rev. Stat. § 19-1-103(71.5)A kinship adoption refers to the adoption of a child by a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin, and the spouses of such relatives.

Requirements for Adoption by Relatives

Citation: Rev. Stat. §§ 19-1-103; 19-5-208; 19-5-209 The relative is eligible to adopt the child if he or she has had physical custody of the child for a period of 1 year or more, and the child is not the subject of a pending dependency and neglect proceeding.

The adoption petition shall contain a statement informing the court whether the relative was ever convicted of a felony or misdemeanor in one of the following areas:

• Child abuse or neglect
• Spousal abuse
• Any crime against a child
• Domestic violence; violation of a protection order; or any crime involving violence, rape, sexual assault, or homicide
• Any felony physical assault or battery

The relative must undergo a criminal background check.

In the petition, the relative shall state that he or she has consulted with the appropriate departments to determine eligibility for Temporary Assistance for Needy Families, Medicaid, and subsidized adoption.

A home study is not required to be filed with an adoption petition in the case of a kinship adoption.

Current Through March 2016

What Are Reasonable Efforts

Citation: Rev. Stat. § 19-1-103(89), (10) The term ‘reasonable efforts’ means the exercise of diligence and care 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, or whether it is appropriate to find and finalize an alternative permanent plan for a child, In making reasonable efforts, the child’s health and safety shall be the paramount concern. Services provided by a county or city agency in accordance with § 19-3-208 are deemed to meet the reasonable effort standard described in this subsection.

The term ‘appropriate treatment plan,’ as used in § 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.

When Reasonable Efforts Are Required

Citation: Rev. Stat. § 19-1-115(6) Reasonable efforts must be made:

• To prevent or eliminate the need to remove the child from the home
• To reunite the child and the family if legal custody has been awarded to the Department of Human Services

When Reasonable Efforts Are NOT Required

Citation: Rev. Stat. § 19-1-115(7) Reasonable efforts are not required to prevent the child’s removal from the home or to reunify the child and the family in the following circumstances:

• The court finds that the parent has subjected the child to aggravated circumstances to such an extent that grounds exist for termination of the parent’s parental rights, as described in § 19-3-604(1).
• The parental rights of the parent with respect to a sibling of the child have been involuntarily terminated, unless the prior sibling termination resulted from a parent delivering a child to a firefighter or a hospital staff member pursuant to § 19-3-304.5.
• The court finds that the parent has been convicted of murder or voluntary manslaughter of another child of the parent; aiding, abetting, or attempting to commit such crimes; or a felony assault that resulted in serious bodily injury to the child or to another child of the parent.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Rev. Stat. § 15-14-202 A guardian may be appointed in a will or another signed writing by a parent for any minor child the parent has. A guardian may also be appointed in a will or another signed writing by a guardian of a minor child. A guardian may not appoint a surviving parent who has no parental rights to be a successor guardian.

How to Establish a Standby Guardian

Citation: Rev. Stat. § 15-14-202 The appointment may specify the desired limitations on the powers to be given to the guardian.

Upon petition of an appointing parent or guardian and a finding that the appointing parent or guardian will likely become unable to care for the child within 2 years, the court, before the appointment becomes effective, may confirm the selection of a guardian by a parent or guardian and terminate the rights of others to object. If the child is age 12 or older, he or she must consent to the appointment of a guardian.

How Standby Authority is Activated

Citation: Rev. Stat. § 15-14-202 Subject to § 15-14-203, the appointment of a guardian becomes effective upon the death of the appointing parent or guardian, an adjudication that the parent or guardian is an incapacitated person, or a written determination by a physician who has examined the parent or guardian that the parent or guardian is no longer able to care for the child, whichever occurs first.

The guardian becomes eligible to act upon the filing of an acceptance of appointment, which must be filed within 30 days after the guardian’s appointment becomes effective. Unless the appointment was previously confirmed by the court, within 30 days after filing the notice and the appointing instrument, a guardian shall petition the court for confirmation of the appointment.

Involvement of the Noncustodial Parent

Citation: Rev. Stat. §§ 15-14-203; 15-14-204; 15-14-205
Until the court has confirmed an appointee, the other parent may prevent or terminate the appointment at any time by filing a written objection with the court.

Consent is required unless either the parent’s parental rights have been terminated or the parent is unwilling or unable to exercise such rights.

After a petition for appointment of a guardian is filed, the court shall schedule a hearing. Notice of the hearing and a copy of the petition must be given to the noncustodial parent.

Authority Relationship of the Parent and the Standby

Citation: Rev. Stat. § 15-14-202 The appointment of a guardian by a parent does not supersede the parental rights of either parent.

Withdrawing Guardianship

Citation: Rev. Stat. §§ 15-14-202; 15-14-210 The appointing parent or guardian may revoke or amend the appointment at any time before it is confirmed by the court. The authority of the guardian terminates upon the appointment of another guardian by the court, the filing of an objection by another person, or the refusal of the minor age 12 or older to consent.

The guardianship terminates upon a minor’s death, adoption, emancipation, or attainment of majority, or as ordered by the court.