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Second Regular Session
Sixty-first General Assembly
LLS NO. 980714.01 JGG
HOUSE BILL 981319
STATE OF COLORADO
BY REPRESENTATIVES Saliman, K. Alexander, Keller, and Morrison;
also SENATORS B. Alexander, Rizzuto, and Rupert.
A BILL FOR AN ACT
CONCERNING TERMINATION OF THE PARENTCHILD RELATIONSHIP
WHEN THE PARENT OF A YOUNG CHILD IS IN LONGTERM CONFINEMENT.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Adds another basis for the termination of the parentchild
relationship for those circumstances in which the child at the
time of the filing of the petition in dependency and neglect was
less than one year of age and the parent is in longterm
confinement of such duration that the parent is not eligible for
parole for at least 18 months after the date of the adjudication.
Conforms the expedited procedure for children who are less than
6 years of age.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. The introductory portion to 193604 (1) (b) and 193604 (1) (b) (III), Colorado Revised Statutes, are amended to read:
193604. Criteria for termination. (1) The court may order a termination of the parentchild legal relationship upon the finding by clear and convincing evidence of any one of the following:
(b) That the child is adjudicated dependent or neglected and the court finds that no appropriate treatment plan, AS DEFINED IN SECTION 191103 (10), can be devised to address the unfitness of the parent or parents. In making such a determination, the court shall find one of the following as the basis for unfitness:
(III) THE COURT HAS MADE THE FINDING REQUIRED BY THE INTRODUCTORY PORTION TO THIS PARAGRAPH (b) BY CLEAR AND CONVINCING EVIDENCE AND:
(A) IF THE CHILD IS SIX YEARS OF AGE OR OLDER, longterm confinement of the parent of such duration that the parent is not eligible for parole for at least six years after the date the child was adjudicated dependent or neglected; or
(B) In a county designated pursuant to
section 191123, if the child is ONE YEAR OF AGE OR
OLDER BUT under six years of age at the time a petition is filed
in accordance with section 193501 (2), the longterm
confinement of the parent of such duration that the parent is
not eligible for parole for at least thirtysix months after
the date the child was adjudicated dependent or neglected;
the court has found by clear and convincing evidence that no appropriate
treatment plan can be devised to address the unfitness of the
parent or parents; OR
(C) IF THE CHILD IS LESS THAN ONE YEAR OF AGE AT THE TIME A PETITION IS FILED IN ACCORDANCE WITH SECTION 193501 (2), LONGTERM CONFINEMENT OF THE PARENT OF SUCH DURATION THAT THE PARENT IS NOT ELIGIBLE FOR PAROLE FOR AT LEAST EIGHTEEN MONTHS AFTER THE DATE THE CHILD WAS ADJUDICATED DEPENDENT OR NEGLECTED;
SECTION 2. Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to petitions filed on or after the applicable effective date of this act.