SENATE BILL 97083
BY SENATORS Wham and Hopper;
also REPRESENTATIVES George, Alexander, and Keller.
CONCERNING PROCEDURES UNDER ARTICLE 5 OF THE "COLORADO
CHILDREN'S CODE" RELATING TO A PERSON'S LEGAL STATUS AS A
PARENT, AND, IN CONNECTION THEREWITH, AFFECTING THE PROCEDURES
FOR RELINQUISHMENT, TERMINATION, AND ADOPTION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 195103,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
195103. Relinquishment
procedure petition hearings.
(1) Any parent desiring to relinquish his OR HER child
shall:
(a) Obtain counseling FOR HIMSELF OR HERSELF
AND THE CHILD TO BE RELINQUISHED AS THE COURT DEEMS APPROPRIATE
from the county department of social services in the county where
such parent resides or from a licensed child placement agency,
AND IF THE PETITIONER HAS NOT RECEIVED THE COUNSELING REQUIRED
BY THE COURT, THE PETITION SHALL BE CONTINUED UNTIL COUNSELING
IS OBTAINED, AND THE PETITIONER SHALL BE REFERRED TO COUNSELING
BY THE COURT;
(b) (I) Petition the juvenile court
upon forms supplied
A STANDARDIZED FORM PRESCRIBED by the court
JUDICIAL DEPARTMENT giving the following information: The name
of both natural parents, if known; the name of the child, if named;
the ages of all parties concerned; and the reasons for which relinquishment
is desired.
(II) The petition shall be accompanied
by an
A STANDARDIZED affidavit OF RELINQUISHMENT COUNSELING PRESCRIBED
BY THE JUDICIAL DEPARTMENT THAT INCLUDES:
(A) A STATEMENT indicating the nature
and extent of counseling furnished to the petitioner, if any,
and the recommendations of the counselor; If
the petitioner has not received the counseling required by paragraph
(a) of this subsection (1), the petition shall be continued, and
the petitioner shall be referred for counseling by the court.
(B) A COPY OF THE ORIGINAL BIRTH CERTIFICATE
OR A COPY OF THE APPLICATION THEREFOR; AND
(C) A STATEMENT DISCLOSING ANY AND ALL
PAYMENTS, GIFTS, ASSISTANCE, GOODS, OR SERVICES RECEIVED, PROMISED,
OR OFFERED TO THE RELINQUISHING PARENT IN CONNECTION WITH THE
PREGNANCY, BIRTH, OR PROPOSED RELINQUISHMENT OF THE CHILD AND
THE SOURCE OR SOURCES OF SUCH PAYMENTS, GIFTS, ASSISTANCE, GOODS,
OR SERVICES.
(2) THE COUNSELING SPECIFIED IN PARAGRAPH
(a) OF SUBSECTION (1) OF THIS SECTION AND PROVIDED BY THE DEPARTMENT
OR THE CHILD PLACEMENT AGENCY SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
(a) INFORMATION TO THE RELINQUISHING PARENT
CONCERNING THE PERMANENCE OF THE DECISION AND THE IMPACT OF SUCH
DECISION ON THE RELINQUISHING PARENT NOW AND IN THE FUTURE;
(b) INFORMATION CONCERNING EACH PARENT'S
COMPLETE MEDICAL AND SOCIAL HISTORIES;
(c) IN THE CASE OF PREGNANCY, REFERRAL
OF THE WOMAN FOR MEDICAL CARE AND FOR DETERMINATION OF ELIGIBILITY
FOR MEDICAL ASSISTANCE;
(d) INFORMATION CONCERNING ALTERNATIVES
TO RELINQUISHMENT AND REFERRAL TO PRIVATE AND PUBLIC RESOURCES
THAT MAY MEET THE PARENT'S NEEDS;
(e) RELINQUISHMENT SERVICES NECESSARY
TO PROTECT THE INTERESTS AND WELFARE OF A CHILD BORN IN A STATE
INSTITUTION;
(f) INFORMATION TO THE CHILD'S PARENT
THAT IF HE OR SHE APPLIES FOR PUBLIC ASSISTANCE FOR HIMSELF OR
HERSELF AND THE CHILD, HE OR SHE MUST COOPERATE WITH THE CHILD
SUPPORT ENFORCEMENT UNIT FOR THE ESTABLISHMENT AND ENFORCEMENT
OF A CHILD SUPPORT ORDER; AND
(g) THE CONFIDENTIALITY OF ALL INFORMATION,
EXCEPT FOR NONIDENTIFYING INFORMATION AS DEFINED IN SECTION 191103
(80) THAT MAY BE ACCESSED AS PROVIDED IN PART 4 OF THIS ARTICLE,
OBTAINED BY THE DEPARTMENT AND THE CHILD PLACEMENT AGENCY IN THE
COURSE OF RELINQUISHMENT COUNSELING UNLESS THE PARENT PROVIDES
WRITTEN PERMISSION OR A RELEASE OF INFORMATION IS ORDERED BY A
COURT OF COMPETENT JURISDICTION.
(2) (3) Upon
receipt of the petition FOR RELINQUISHMENT, the court shall set
the same for hearing on the condition that the requirements of
subsection (1) of this section have been complied with by the
petitioner.
(3) (4) (a) The
parentchild legal relationship of a parent shall not be
terminated by relinquishment proceedings unless the parent joins
in the petition.
(b) THE RELINQUISHING PARENT, CHILD PLACEMENT
AGENCY, AND COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL PROVIDE
THE COURT ANY AND ALL INFORMATION DESCRIBED IN SECTION 191103
(80) THAT IS AVAILABLE TO SUCH RELINQUISHING PARENT, AGENCY, OR
COUNTY DEPARTMENT.
(4) (5) The
court shall not issue an order of relinquishment until it is satisfied
that the relinquishing parent and the child, if twelve
years of age
or older DETERMINED APPROPRIATE BY
THE COURT, have been counseled pursuant to subsection (1) of this
section AND THIS SUBSECTION (5) and fully advised of the consequences
of the parent's act. THE COURT MAY ORDER COUNSELING FOR ANY AGE
CHILD TO BE RELINQUISHED IF THE COURT DEEMS SUCH COUNSELING WOULD
BE IN THE CHILD'S BEST INTERESTS. THE COURT MAY ORDER THAT A CHILD
YOUNGER THAN TWELVE YEARS OF AGE BE PREPARED FOR RELINQUISHMENT,
TERMINATION OF PARENTAL RIGHTS, OR ADOPTION.
(5) (6) If
the court believes
FINDS after the hearing that it is in the best interests of the
parties concerned, including the
child that no relinquishment be granted, the court shall enter
an order dismissing the action.
(6) (7) (a) THE
COURT SHALL ENTER AN ORDER OF RELINQUISHMENT if the court is
satisfied FINDS after the hearing
that:
(I) The relinquishing parent or parents
and the child, if twelve years of
age or older, ANY CHILD THAT THE
COURT DIRECTED INTO COUNSELING have been counseled as provided
in subsection
SUBSECTIONS (1) AND (5) of this section; and that
(II) THE PARENT'S DECISION TO RELINQUISH
IS KNOWING AND VOLUNTARY AND NOT THE RESULT OF ANY THREATS, COERCION,
OR UNDUE INFLUENCE OR INDUCEMENTS; AND
(III) The relinquishment would best serve
the interests of all parties concerned,
including the child, it shall enter an order of relinquishment
THE CHILD TO BE RELINQUISHED.
(b) THERE SHALL BE A REBUTTABLE PRESUMPTION
THAT A RELINQUISHMENT WOULD NOT BE IN THE CHILD'S BEST INTERESTS
IF THE CHILD IS TWELVE YEARS OF AGE OR OLDER AND OBJECTS TO THE
RELINQUISHMENT.
(7) (8) If
the court is not satisfied that the relinquishing parents and
the child, if twelve years of age or older, have been offered
proper and sufficient counsel and advice, it shall continue the
matter for such time as the court deems necessary.
(8) (9) (a) The
court may appoint a guardian ad litem to protect the interests
of the child if:
(I) The court finds that there is a conflict
of interest between the child and his OR HER parents, guardian,
or legal custodian;
(II) The court finds that such appointment
would be in the best interests of the child; or
(III) The court determines that the child
is twelve years of age or older and that the welfare of the child
mandates such appointment.
(b) Reasonable fees for guardians ad litem
appointed pursuant to this subsection (8)
(9) shall be paid by the relinquishing parent or parents; except
that, in the case of an indigent parent or parents, such fees
shall be paid as an expense of the state from annual appropriations
to the office of the state court administrator.
(9) (10) The
court may interview the child in chambers to ascertain the child's
wishes as to the relinquishment proceedings. The court may permit
counsel to be present at such an interview. The court shall cause
a record of the interview to be made, and it shall be made a part
of the record in the case.
(10) (11) The
court may seek the advice of professional personnel whether or
not said personnel are employed on a regular basis by the court.
Any advice given by professional persons shall be in writing and
shall be made available by the court to attorneys of record, to
the parties, and to any other expert witnesses upon request, but
it shall be considered confidential for any other purposes, shall
be sealed, and shall not be open to inspection except by consent
of the court. Attorneys of record may call for the crossexamination
of any professional persons consulted by the court.
(12) THE PROVISIONS OF THIS SECTION, INCLUDING
BUT NOT LIMITED TO RELINQUISHMENT COUNSELING, NOTIFICATION, AND
THE RELINQUISHMENT HEARING, SHALL APPLY IN ANY CASE INVOLVING
A CHILD IN COLORADO OR FOR WHOM COLORADO IS THE HOME STATE AS
DESCRIBED IN SECTION 1413103 (5), C.R.S., INCLUDING
ANY CASE IN WHICH IT IS PROPOSED THAT THE CHILD TO BE RELINQUISHED
WILL BE RELINQUISHED OR ADOPTED OUTSIDE THE STATE OF COLORADO.
SECTION 2. 195104,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
195104. Final order of
relinquishment. (1) If the
court terminates the parentchild legal relationship of both
parents or of the only living parent, the court, after taking
into account the racial, cultural, and religious background of
the child, shall order guardianship of the person and legal custody
transferred to:
(a) The county department of social services;
or
(b) A licensed child placement agency;
or
(c) A relative of the child; or
(d) An individual DETERMINED TO BE of
good moral character THROUGH A PROCESS THAT INCLUDES THE ASSESSMENT
MADE PURSUANT TO SECTION 195206 (2) (a), if such individual
shall have had the child living in his OR HER home for a
year SIX MONTHS or more, including
a foster parent OR A DESIGNATED ADOPTIVE PARENT.
(2) The court shall consider, but shall
not be bound by, a request that custody of the child, with the
option of applying for adoption, be placed in a grandparent, aunt,
uncle, brother, or sister of the child or a foster parent. When
ordering legal custody of the child, the court shall give preference
to a grandparent, aunt, uncle, brother, or sister of the child
when such relative has made a TIMELY request therefor and the
court determines that such placement is in the best interests
of the child. Such request must be submitted to the court prior
to commencement of the hearing on the petition for relinquishment.
If such legal custody is granted, guardianship of the child shall
remain with the parent, if the legal parentchild relationship
has not been terminated, or the guardianship shall be transferred
pursuant to subsection (1) of this section. Nothing in this section
shall be construed to require the birth parents or the child placement
agency with custody of the child to notify said relatives described
in this subsection (2) of the pending relinquishment of parental
rights. This subsection (2) shall not apply in cases where the
birth parents have designated an adoptive family for the child
or the birth parents have designated that legal custody of the
child shall not be in a person described in this subsection (2)
and where the child has not been in legal custody of a relative
requesting guardianship or custody as described in this section
or the child has not been in the physical custody of such relative
for more than six months.
(2.5) (3) No
person shall be precluded from adopting a child solely because
they have
THAT PERSON HAS been a child's foster parent.
(3) (4) The
order of relinquishment shall set forth all pertinent facts brought
at the hearing, and, in addition, it shall state that the court
is satisfied that the counsel and guidance provided for in section
195103 (1) AND (5) has been offered the relinquishing
parent or parents and the
ANY child if twelve years of age or
older, FOR WHOM THE COURT HAS ORDERED
COUNSELING.
(4) (5) A
final order of relinquishment shall divest the relinquishing parent
or parents of all legal rights and obligations they may have with
respect to the child relinquished, but it shall not modify the
child's status as an heir at law which shall cease only upon a
subsequent final decree of adoption; except that the relinquishing
parent's or parents' obligation to pay for services received by
the child through the department, of
human services, or other support
received, shall be terminated upon a subsequent final decree of
adoption or by order of the court at the time of relinquishment.
The order of relinquishment shall release the relinquished child
from all legal obligations with respect to the relinquishing parent
or parents.
(4.3) (6) If
one parent files a petition for the relinquishment of a child
and the agency or person having custody of the child files a petition
to terminate the rights of the other parent pursuant to section
195105, the court shall set a hearing, as expeditiously
as possible, on the relinquishment petition. A court may enter
an order of relinquishment for the purpose of adoption prior to
the relinquishment or termination of the other parent's parental
rights. Except as otherwise provided in subsection (4.5)
(7) of this section, an order of relinquishment is final and irrevocable.
(4.5) (7) (a) A
relinquishment may be revoked only if, within ninety days after
the entry of the relinquishment order, the relinquishing parent
establishes by clear and convincing evidence that such relinquishment
was obtained by fraud or duress.
(b) Notwithstanding paragraph (a) of this
subsection (4.5)
(7), a relinquishment may not be revoked on the basis that the
relinquishment or termination of the other parent's parental rights
was not obtained because the relinquishing parent knew, but did
not disclose, the name or whereabouts of such other parent.
(4.7) (8) If
the relinquishment by an individual is revoked pursuant to subsection
(4.5)
(7) of this section and no grounds exist under section 195105
or under part 6 of article 3 of this title for terminating the
parental rights of that individual, the court shall dismiss any
proceeding for adoption and shall provide for the care and custody
of the child according to the child's best interests.
(5) (9) The
fact that the relinquishing parent or parents are minors shall
in no way affect the validity of the final order of relinquishment.
SECTION 3.
The introductory portion to 195105 (3) and 195105
(3.1) (c) (I) and (5), Colorado Revised Statutes, 1986 Repl. Vol.,
as amended, are amended to read:
195105. Proceeding to terminate
parentchild legal relationship.
(3) If, after the inquiry, the other birth parent is
identified to the satisfaction of the court or if more than one
person is identified as a possible parent, each shall be given
notice of the proceeding in accordance with subsection (5) of
this section, INCLUDING NOTICE OF THE PERSON'S RIGHT TO WAIVE
HIS OR HER RIGHT TO APPEAR AND CONTEST. If any of them WAIVES
HIS OR HER RIGHT TO APPEAR AND CONTEST OR fails to appear or,
if appearing, cannot personally assume legal and physical custody
promptly,
taking into account the child's age, needs, and individual circumstances,
such person's parentchild legal relationship with reference
to the child shall be terminated. If the other birth parent or
a person representing himself or herself to be the other birth
parent appears and demonstrates the desire and ability to personally
assume legal and physical custody of the child promptly,
taking into account the child's age, needs, and individual circumstances,
the court shall proceed to determine parentage under article 4
of this title. If the court determines that the person is the
other birth parent, the court shall set a hearing, as expeditiously
as possible, to determine whether the interests of the child or
of the community require that the other parent's rights be terminated
or, if they are not terminated, to determine whether:
(3.1) The court may order the termination
of the other birth parent's parental rights upon a finding that
termination is in the best interests of the child and that there
is clear and convincing evidence of one or more of the following:
(c) That the parent has not promptly taken
substantial parental responsibility for the child. In making this
determination the court shall consider, but shall not be limited
to, the following:
(I) Whether the parent who is the subject
of the petition is served with notice and fails to file an answer
pursuant to rule 12 of the Colorado
rules of civil procedure, WITHIN
THIRTY DAYS AFTER SERVICE OF THE NOTICE AND PETITION TO TERMINATE
THE PARENTCHILD LEGAL RELATIONSHIP or fails to file a paternity
action, pursuant to article 4 of this title, within thirty days
after the birth of the child or within thirty days after receiving
notice that he is the father or likely father of the child;
(5) Notice of the proceeding shall be
given to every person identified as the other birth parent or
a possible birth parent in the manner appropriate under the Colorado
rules of juvenile procedure for the service of process or in any
manner the court directs. The notice shall inform the parent or
alleged parent whose rights are to be determined that failure
to file an answer or to appear within twenty
THIRTY days after service and, in the case of an alleged father,
failure to file a claim of paternity under article 4 of this title
within thirty days after service, if a claim has not previously
been filed, may likely result in termination of the parent's or
the alleged parent's parental rights to the minor. THE NOTICE
ALSO SHALL INFORM THE PARENT OR ALLEGED PARENT WHOSE RIGHTS ARE
TO BE DETERMINED THAT SUCH PERSON HAS THE RIGHT TO WAIVE HIS OR
HER RIGHT TO APPEAR AND CONTEST AND THAT FAILURE TO APPEAR AND
CONTEST MAY LIKELY RESULT IN TERMINATION OF THE PARENT'S OR THE
ALLEGED PARENT'S PARENTAL RIGHTS TO THE MINOR. Proof of giving
the notice shall be filed with the court before the petition is
heard. If no person has been identified as the birth parent, the
court shall order that notice be provided to all possible parents
by publication or public posting of the notice at times and in
places and manner the court deems appropriate.
SECTION 4. 195203
(1) (d) (II), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
195203. Availability for
adoption. (1) A child may be
available for adoption only upon:
(d) (II) Written and verified consent
of the parent in a stepparent adoption, where
ACCOMPANIED BY AN AFFIDAVIT OR SWORN TESTIMONY OF SUCH PARENT,
THAT the other BIRTH parent has abandoned the child for a period
of one year or more or where he
THAT THE OTHER BIRTH PARENT has failed without cause to provide
reasonable support for such child for a period of one year or
more. Upon filing of the petition in adoption, the court shall
issue a notice directed to the other parent, which notice shall
state the nature of the relief sought, the names of the petitioner
and the child, and the time and place set for hearing on the petition.
If the address of the other parent is known, service of such notice
shall be in the manner provided by the Colorado rules of civil
procedure for service of process. Upon affidavit by the petitioner
that, after diligent search, the address of the other parent remains
unknown, the court shall order service upon the other parent by
one publication of the notice in a newspaper of general circulation
in the county in which the hearing is to be held. The hearing
shall not be held sooner than thirty days after service of the
notice is complete, and, at such time, the court may enter a final
decree of adoption notwithstanding the time limitation in section
195210 (2).
SECTION 5. 195205
(1) (b) and (2), Colorado Revised Statutes, 1986 Repl. Vol., as
amended, are amended, and the said 195205 is further
amended BY THE ADDITION OF A NEW SUBSECTION, to read:
195205. Adoption decree
of foreign country approved. (1) (b) The
petition shall contain all information required in section 195207
(2); EXCEPT THAT THE COURT SHALL NOT REQUIRE THE PETITION TO CONTAIN
OR BE ACCOMPANIED BY THE WRITTEN CONSENT DESCRIBED IN SECTION
195207 (1), THE WRITTEN REPORT DESCRIBED IN THE INTRODUCTORY
PORTION TO SECTION 195207 (2), THE FEES DESCRIBED
IN SECTION 195207 (6), OR A WRITTEN LEGAL MEMORANDUM
WITH SPECIFIC REFERENCES TO THE APPLICABLE LAW OF THE FOREIGN
COUNTRY.
(2) The court shall issue a decree declaring
valid an adoption granted by a court of competent jurisdiction
OR OTHER AUTHORIZED INDIVIDUAL OR ENTITY of a country other than
the United States of America upon a finding that:
(a) At the time the petition is sought
FILED, THE PETITION CONTAINS A VERIFIED STATEMENT THAT AT LEAST
ONE OF THE ADOPTING PARENTS IS A CITIZEN AND RESIDENT OF THE STATE
OF COLORADO OR OTHER EVIDENCE THAT at least one of the adopting
parents is a citizen and resident of the state of Colorado;
(b) The original or a certified copy of
a valid foreign adoption decree, together with a notarized translation,
is presented to the court; and
(c) The child is either a permanent resident
or a naturalized citizen of the United States. A PHOTOCOPY OF
THE CHILD'S RESIDENT ALIEN CARD ISSUED BY THE IMMIGRATION AND
NATURALIZATION SERVICE OF THE UNITED STATES DEPARTMENT OF JUSTICE,
OR ANY SUCCESSOR ENTITY, SHALL BE SUFFICIENT EVIDENCE THAT THE
CHILD IS EITHER A PERMANENT RESIDENT OR A NATURALIZED CITIZEN
OF THE UNITED STATES.
(2.5) THE ADOPTING PARTIES FILING A PETITION
PURSUANT TO THIS SECTION SHALL NOT BE REQUIRED TO BE REPRESENTED
BY AN ATTORNEY.
SECTION 6. 195205.5
(2) (a), the introductory portion to 195205.5 (2)
(b), and 195205.5 (2) (b) (I), Colorado Revised Statutes,
1986 Repl. Vol., as amended, are amended, and the said 195205.5
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
195205.5. Nonpublic agency
interstate and foreign adoptions legislative declaration
authority for department to select agencies.
(2) (a) The department of
human services is authorized to select
nonpublic, licensed child placement agencies authorized to handle
adoptions or nonpublic agencies that meet the qualifying criteria
to be licensed child placement agencies pursuant to article 6
of title 26, C.R.S., and any implementing rules or regulations
promulgated by the department of human
services for the provision of services
to individuals seeking assistance in nonpublic agency interstate
or foreign adoption cases pursuant to this part 2. The department
of human services
shall, by rule, establish qualifying criteria by which such nonpublic
agencies shall be selected for this purpose.
(b) The department of
human services shall further promulgate
rules creating standards by which the department of
human services may evaluate the delivery
of services by the selected nonpublic agencies and identifying
the services and functions to be rendered by the nonpublic agencies
selected pursuant to paragraph (a) of this subsection (2) including,
but not limited to, the following:
(I) The review of all background information
concerning the birth parents and individual case material on the
adopting family's homestudy
ASSESSMENT;
(5) FOR PURPOSES OF THIS SECTION, "NONPUBLIC
AGENCY INTERSTATE AND FOREIGN ADOPTION" IS DEFINED IN SECTION
191103 (81).
SECTION 7. 195206
(2) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
195206. Placement for purposes
of adoption. (2) (b) The
court may waive the assessment and approval requirements of paragraph
(a) of this subsection (2) in cases where the birth parent or
parents have designated the child's grandparent, aunt, uncle,
brother, or sister as the person with whom they wish to place
their child for purposes of adoption. The court may proceed to
finalize such adoptive placement upon finding that the placement
is in the best interests of the child.
SECTION 8. 195207,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
195207. Written consent
and report. (1) When a child
is placed for adoption by the county department of social services,
a licensed child placement agency, or an individual, such department,
agency, or individual shall file, with the petition to adopt,
its written and verified consent to such adoption in addition
to any notices received or sent pursuant to the terms of the "Interstate
Compact on Placement of Children" set forth in part 18 of
article 60 of title 24, C.R.S.
(2) In all petitions for adoption, whether
by the court, the county department of social services, or child
placement agencies, in addition to such written consent, the court
shall require a written report FROM EITHER THE COUNTY DEPARTMENT
OF SOCIAL SERVICES OR THE CHILD PLACEMENT AGENCY showing the following:
(a) The physical and mental health, emotional
stability, and moral integrity of the petitioner and the ability
of the petitioner to promote the welfare of the child; but no
physical examination shall be required of any person who in good
faith relies upon spiritual means or prayer in the free exercise
of religion to prevent or cure disease unless there is reason
to believe such person's physical condition is such that he OR
SHE would be unable to take care of such child;
(b) CONFIRMATION THAT THE PETITIONER HAS
PARTICIPATED IN ADOPTION COUNSELING IF THE COURT DEEMS APPROPRIATE.
THE COUNSELING MAY ADDRESS THE PERMANENCE OF THE DECISION, THE
IMPACT OF THE DECISION ON THE ADOPTING PARENT AND THE ADOPTING
PARENT'S FAMILY NOW AND IN THE FUTURE, AND THE ISSUES THAT MAY
ARISE IN THE EVENT THAT THE ADOPTEE AT SOME TIME IN THE FUTURE
DESIRES TO CONTACT THE RELINQUISHING PARENT.
(b) (c) The
physical and mental condition of the child;
(c) (d) The
child's family background, including the names of parents and
other identifying data regarding the parents, if obtainable;
(d) (e) Reasons
for the termination of the parentchild legal relationship;
(e) (f) The
suitability of the adoption of this child by this petitioner and
the child's own disposition toward the adoption in any case in
which the child's age makes this feasible; and
(f) (g) The
length of time the child has been in the care and custody of the
petitioner.
(3) IN PROPOSED RELATIVE ADOPTIONS, THE
COURT SHALL REVIEW THE REPORT PREPARED PURSUANT TO SUBSECTION
(2) OF THIS SECTION. THE COURT MAY ORDER FURTHER ASSESSMENT IF
THE COURT DEEMS IT NECESSARY.
(3) (4) Any
party to the adoption proceeding may be entitled to see the report
required by subsection (2) of this section; except that the names
of parents and adoptive parents and any means of identifying either
shall not be made available except upon order of the court.
(4) (5) Any
person who, by his OR HER own request or by order of the court
as provided in section 195209, is the subject of a
written report and investigation conducted pursuant to subsection
(2) of this section by the county department of social services
or by the probation department of the court shall be required
to pay, based on an ability to pay, the cost of such written report
and investigation.
(5) (6) The
department of human services
shall establish rules and regulations which
THAT provide for county departments of social services to charge
a fee, not to exceed five hundred dollars in the case of a first
adoption and not to exceed two hundred fifty dollars for a second
or subsequent adoption by the same party or parties, for reports
and investigations provided in accordance with this article.
(6) (7) The
department of human services
may waive the fee provided for in subsection
(4) SUBSECTION (6) of this section
if such fee poses a barrier to the adoption of a child for whom
the county department of social services has financial responsibility.
(7) (8) If
a court orders a county department of social services to counsel
a birth parent concerning relinquishment of a child pursuant to
the provisions of sections 195103 and 195104,
the county department shall charge a fee to meet the full cost
of the counseling.
(9) IF THE CHILD IS BEING PLACED IN AN
ADOPTIVE HOME BY A LICENSED CHILD PLACEMENT AGENCY, SUCH AGENCY
SHALL FILE AN AFFIDAVIT WITH THE COURT STATING THAT THE AGENCY'S
LICENSE IS IN GOOD STANDING WITH THE DEPARTMENT. A LICENSED CHILD
PLACEMENT AGENCY INVOLVED IN AN ADOPTION PROCEEDING PURSUANT TO
THIS ARTICLE SHALL IMMEDIATELY NOTIFY THE COURT IN WRITING OF
ANY SUSPENSION, REVOCATION, OR DENIAL OF ITS LICENSE OR OF ANY
DISCIPLINARY ACTION TAKEN AGAINST THE AGENCY BY THE STATE OF COLORADO.
FAILURE OF THE AGENCY TO PROVIDE SUCH NOTIFICATION SHALL BE A
CLASS 3 MISDEMEANOR PUNISHABLE BY A FINE OF FIVE THOUSAND DOLLARS.
THE DEPARTMENT SHALL, BY RULE, ADOPT A MECHANISM BY WHICH A CHILD
PLACEMENT AGENCY SHALL NOTIFY THE COURT OF ANY DISCIPLINARY ACTION
AGAINST THE AGENCY.
SECTION 9. 195208 (4), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
195208. Petition for adoption.
(4) A statement of all
fees, costs, or expenses charged by any person or agency relative
to the adoption shall be submitted to the court with the petition
and shall state what additional fees, if any, shall be charged.
THE PETITION SHALL BE ACCOMPANIED BY A STANDARDIZED AFFIDAVIT
FORM PRESCRIBED BY THE JUDICIAL DEPARTMENT DISCLOSING ANY AND
ALL FEES, COSTS, OR EXPENSES CHARGED OR TO BE CHARGED BY ANY PERSON
OR AGENCY IN CONNECTION WITH THE ADOPTION.
SECTION 10. The
introductory portion to 195210 (2), Colorado Revised
Statutes, 1986 Repl. Vol., as amended, is amended to read:
195210. Hearing on petition.
(2) No sooner than six months from
AFTER the date of the hearing
PLACEMENT, unless for good cause shown that time is extended or
shortened by the court, the court may
SHALL HOLD A HEARING ON THE PETITION AND SHALL enter a decree
setting forth its findings and grant to the petitioner a final
decree of adoption if it is satisfied as to:
SECTION 11. 195211,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
195211. Legal effects of
final decree. (2.5) THE CHILD
SHALL BE ELIGIBLE FOR ENROLLMENT AND COVERAGE BY ANY MEDICAL OR
DENTAL INSURANCE HELD BY THE PROSPECTIVE ADOPTIVE PARENTS IF,
AND ON SUCH A BASIS AS, SUCH COVERAGE WOULD BE AVAILABLE TO A
CHILD NATURALLY BORN TO THE PROSPECTIVE ADOPTIVE PARENTS.
SECTION 12. 195303
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
195303. Commission created
duties. (1) There is
hereby created in the department of
human services a commission of seven
ELEVEN members. The commission shall exercise its powers and perform
the duties and functions specified by this part 3 as if the same
were transferred to the department by a type 1 transfer,
as such transfer is defined in article 1 of title 24, C.R.S. Representation
and appointment of such members shall be as follows:
(a) Two
THREE members shall represent the judicial department and shall
be appointed by the chief justice or his OR HER designee.
(b) One member
TWO MEMBERS shall represent the department of
human services and shall be appointed
by the executive director of such department or his OR HER designee.
(c) Two
THREE members shall represent licensed adoption agencies and shall
be appointed by a representative of a private adoption agency.
Such representative shall be selected by the executive director
of the department. of human services.
(d) Two
THREE members shall represent either adoptees, adoptive parents,
biological parents of adoptees, or biological siblings of adoptees
and shall be selected by the executive director of the department.
of human services.
SECTION 13. 195304
(1) and (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
are amended to read:
195304. Confidential intermediaries
confidential intermediary services.
(1) (a) Any person who has completed a confidential
intermediary training program which
THAT meets the standards set forth by the commission shall be
responsible for notifying the commission that his OR HER name
should be included on the list of confidential intermediaries
to be maintained by the commission and made available to the judicial
department. The commission shall adopt rules to determine when
and under what conditions the name of a confidential intermediary
shall be removed from the list available to the judicial department.
(b) Once a person is included on such
list, he OR SHE shall be:
(I) Authorized to inspect confidential
relinquishment and adoption records upon motion to the court by
an adult adoptee, adoptive parent, biological parent, or
biological sibling, OR HALFSIBLING;
(II) Available, subject to time constraints,
for appointment by the court to act as a confidential intermediary
for an adult adoptee, adoptive parent, biological parent, or
biological sibling, OR HALFSIBLING.
(2) Any adult adoptee, adoptive parent,
biological parent, or
biological sibling, OR HALFSIBLING who is twentyone
EIGHTEEN years of age or older may file a motion, with supporting
affidavit, in the court where the adoption took place, to appoint
one or more confidential intermediaries for the purpose of determining
the whereabouts of his OR HER unknown relative or relatives; except
that no one shall seek to determine the whereabouts of a relative
who is younger than twentyone
EIGHTEEN years of age. The court may rule on said motion and affidavit
without hearing and may appoint a trained confidential intermediary.
SECTION 14. 191103
(8) and (37), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
are amended, and the said 191103 is further amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
191103. Definitions.
As used in this title or in the specified portion of this title,
unless the context otherwise requires:
(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) "Adult",
as used in part 3 of article 5 of this title, means a person twentyone
years of age or older.
(37) "Department", as used in
part 4 of
article 5 of this title, means the department of human services.
(61.5) "HALFSIBLING" SHALL
HAVE THE SAME MEANING AS "BIOLOGICAL SIBLING" PROVIDED
IN SUBSECTION (14) OF THIS SECTION.
SECTION 15. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 16. Effective date.
This act shall take effect July 1, 1997.
SECTION 17. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO