First Regular Session
Sixty-first General Assembly
LLS NO. 970437.01 JGG
SENATE BILL 97043
STATE OF COLORADO
BY SENATOR Hernandez
A BILL FOR AN ACT
CONCERNING THE STANDARDS BY WHICH THE COURT DETERMINES
THE BEST INTERESTS OF CHILDREN IN PROCEEDINGS ARISING PURSUANT
TO THE "COLORADO CHILDREN'S CODE".
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Directs the court, in determining the best interests
of a child in a child protection case, to give primary consideration
to the child's physical, mental, and emotional needs and to take
into consideration the child's need to reside in a safe, stable,
secure, permanent, and familylike environment that is preferably
with the family of origin. Allows the court to also consider
the reasonable wishes of the parents and the child.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 1 of title 19, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
191103.7. Best interests of the child. THE COURT, IN DETERMINING THE BEST INTERESTS OF THE CHILD, SHALL GIVE PRIMARY CONSIDERATION TO THE CHILD'S PHYSICAL, MENTAL, AND EMOTIONAL NEEDS. IN DETERMINING THE BEST INTERESTS OF THE CHILD, THE COURT MAY CONSIDER THE CHILD'S NEED TO RESIDE IN A SAFE, STABLE, SECURE, PERMANENT, AND FAMILYLIKE ENVIRONMENT THAT IS PREFERABLY WITH THE FAMILY OF ORIGIN. THE COURT MAY ALSO CONSIDER THE REASONABLE WISHES OF THE CHILD'S PARENTS AND THE CHILD.
SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.