Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0437.01 JGG SENATE BILL 97­043

STATE OF COLORADO

BY SENATOR Hernandez

JUDICIARY

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".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

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.