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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.

JUDICIARY

A BILL FOR AN ACT

CONCERNING TERMINATION OF THE PARENT­CHILD RELATIONSHIP WHEN THE PARENT OF A YOUNG CHILD IS IN LONG­TERM CONFINEMENT.

Bill Summary

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

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; and 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.