C.R.S.
Section 19-1-103
Definitions
(1)
Intentionally left blank —Ed.(a)
“Abuse” or “child abuse or neglect”, as used in part 3 of article 3 of this title 19, means an act or omission in one of the following categories that threatens the health or welfare of a child:(I)
Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained, the history given concerning such condition is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition may not be the product of an accidental occurrence;(II)
Any case in which a child is subjected to unlawful sexual behavior as defined in section 16-22-102 (9);(III)
Any case in which a child is in need of services because the child’s parent, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subsection (1)(a)(III) are subject to the provisions of section 19-3-103.(IV)
Any case in which a child is subjected to emotional abuse. As used in this subsection (1)(a)(IV), “emotional abuse” means an identifiable and substantial impairment of the child’s intellectual or psychological functioning or development or a substantial risk of impairment of the child’s intellectual or psychological functioning or development.(V)
Any act or omission described in section 19-3-102 (1)(a), (1)(b), or (1)(c);(VI)
Any case in which, in the presence of a child, or on the premises where a child is found, or where a child resides, a controlled substance, as defined in section 18-18-102 (5), is manufactured or attempted to be manufactured;(VII)
Any case in which a child is born affected by alcohol or substance exposure, except when taken as prescribed or recommended and monitored by a licensed health-care provider, and the newborn child’s health or welfare is threatened by substance use;(VIII)
Any case in which a child is subjected to human trafficking of a minor for involuntary servitude, as described in section 18-3-503, or human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2).(b)
In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates, including but not limited to accepted work-related practices of agricultural communities. Nothing in this subsection (1) refers to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2.5-209 that are performed by a peace officer, as described in section 16-2.5-101, acting in the good-faith performance of the officer’s duties.(2)
“Adjudication” has the same meaning as set forth in section 19-2.5-102.(3)
“Adjudicatory hearing” means a hearing to determine whether the allegations of a petition in dependency and neglect are supported by the evidence.(4)
“Adjudicatory trial” means a trial to determine whether the allegations of a petition in delinquency are supported by the evidence.(5)
“Administrative review” means a review conducted by the department of human services that is open to the participation of the parents of the child and conducted by an administrative reviewer who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.(6)
“Adoptee”, as used in part 3 of article 5 of this title 19, means a person who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.(7)
Intentionally left blank —Ed.(a)
“Adoption record”, as used in part 3 of article 5 of this title 19, with the exception of section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information:(I)
The adoptee’s original birth certificate and amended birth certificate;(II)
The final decree of adoption;(III)
Nonidentifying information, as defined in subsection (103) of this section;(IV)
The final order of relinquishment; and(V)
The order of termination of parental rights.(b)
“Adoption record”, as used in section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information, without redaction:(I)
The adoptee’s original birth certificate and amended birth certificate;(II)
The final decree of adoption;(III)
Any identifying information, such as the name of the adoptee before placement in adoption; the name and address of each birth parent as they appear in the birth records; the name, address, and contact information of the adult adoptee; and the current name, address, and contact information of each birth parent, if known, or other information that might personally identify a birth parent;(IV)
Any nonidentifying information, as defined in subsection (103) of this section;(V)
The final order of relinquishment; and(VI)
The order of termination of parental rights.(c)
“Adoption record”, as used in either subsection (7)(a) or (7)(b) of this section, must not include pre-relinquishment counseling records, which must remain confidential.(8)
“Adoption triad” means the three parties involved in an adoption: The adoptee, the birth parent, and the adoptive parent.(9)
“Adoptive parent”, as used in parts 3 and 4 of article 5 of this title 19, means an adult who has become a parent of a minor through the legal process of adoption.(10)
“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 pursuant to this title 19 must be referred to as a juvenile.(11)
“Adult adoptee”, as used in parts 3 and 4 of article 5 of this title 19, means an individual who is eighteen years of age or older and who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.(12)
“Appropriate treatment plan”, as used in section 19-3-508 (1)(e), means a treatment plan approved by the court that is reasonably calculated to render the particular respondent fit to provide adequate parenting to the child within a reasonable time and that relates to the child’s needs.(13)
“Assessment center for children”, as used in part 3 of this article 1, means a multi-disciplinary, community-based center that provides services to children and their families, including, but not limited to, detention, screening, case management, and therapeutic intervention relating to delinquency, abuse or neglect, family conflict, and truancy.(14)
“Basic identification information”, as used in article 2.5 of this title 19, means the name, place and date of birth, last-known address, social security number, occupation and address of employment, last school attended, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.(15)
“Biological parent” or “birth parent”, as used in part 3 of article 5 of this title 19, means a parent, by birth, of an adopted person.(16)
“Biological sibling”, as used in part 3 of article 5 of this title 19, means a sibling, by birth, of an adopted person. “Biological sibling”, as used in part 3 of article 5 of this title 19, for purposes of the definition of sibling group, as defined in subsection (127) of this section, means a brother, sister, or half-sibling of a child who is being placed in foster care or being placed for adoption.(17)
“Birth parents”, as used in part 4 of article 5 of this title 19, means genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. “Birth parents” includes a man who is the parent of a child as established in accordance with the provisions of the “Uniform Parentage Act”, article 4 of this title 19, prior to the termination of parental rights.(18)
Repealed.(19)
“Case management purposes” means assessments, evaluations, treatment, education, proper disposition or placement of the child, interagency coordination, and other services that are incidental to the administration of the program and in the best interests of the child.(20)
“Chief justice”, as used in part 3 of article 5 of this title 19, means the chief justice of the Colorado supreme court.(21)
“Child” means a person under eighteen years of age.(22)
Repealed.(23)
“Child advocacy center”, as used in part 3 of article 3 of this title 19, means a center that provides a comprehensive multidisciplinary team response to allegations of child abuse or neglect in a dedicated, child-friendly setting. The team response to allegations of child abuse or neglect includes but is not limited to technical assistance for forensic interviews, forensic medical examinations, mental health and related support services, consultation, training, and education.(24)
“Child care center” means a child care center licensed and approved pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5. If the facility is located in another state, the department of human services or the department of early childhood, as appropriate, shall designate, upon certification, that an appropriate available space does not exist in a child care facility in this state, and the facility must be licensed or approved as required by law in that state.(25)
“Child placement agency” means an agency licensed or approved pursuant to law. If such agency is located in another state, it must be licensed or approved as required by law in that state.(26)
“Child protection team”, as used in part 3 of article 3 of this title 19, means a multidisciplinary team consisting, where possible, of a physician; a representative of the juvenile court or the district court with juvenile jurisdiction; a representative of a local law enforcement agency; a representative of the county department of human or social services; a representative of a mental health clinic; a representative of a county, district, or municipal public health agency; an attorney; a representative of a public school district; and one or more representatives of the lay community, at least one of whom must be a person who serves as a foster parent in the county. Each public agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each public agency has only one vote. In no event must an attorney member of the child protection team be appointed as guardian ad litem or counsel for youth for the child or youth or as counsel for the parents at any subsequent court proceedings. The child protection team must never be composed of fewer than three persons. When any racial, ethnic, or linguistic minority group constitutes a significant portion of the population of the jurisdiction of the child protection team, a member of each such minority group must serve as an additional lay member of the child protection team. At least one of the preceding members of the team must be chosen on the basis of representing low-income families. The role of the child protection team is advisory only.(27)
Repealed.(28)
“Commercial sexual exploitation of a child” means a crime of a sexual nature committed against a child for financial or other economic reasons.(29)
“Commit”, as used in article 2.5 of this title 19, means to transfer legal custody.(30)
“Community placement” means the placement of a child for whom the department of human services or a county department has placement and care responsibility pursuant to article 2.5 or 3 of this title 19 in any licensed or certified twenty-four-hour nonsecure care and treatment facility away from the child’s parent or guardian. “Community placement” includes but is not limited to placement in a foster care home, group home, residential child care facility, or residential treatment facility.(31)
“Complainant”, as used in section 19-3-211, means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department of human or social services in accordance with the provisions of section 19-3-211.(32)
“Confidential intermediary”, as used in part 3 of article 5 of this title 19, means a person twenty-one years of age or older who has completed a training program for confidential intermediaries that meets the standards set forth by the commission pursuant to section 19-5-303 and who is authorized to inspect confidential relinquishment and adoption records at the request of an adult adoptee, adoptive parent, biological parent, or biological sibling.(33)
“Confirmed”, as used in part 3 of article 3 of this title 19, means any report made pursuant to article 3 of this title 19 that is found by a county department of human or social services, law enforcement agency, or entity authorized to investigate institutional abuse to be supported by a preponderance of the evidence.(34)
“Consent”, as used in part 3 of article 5 of this title 19, means voluntary, informed, written consent. When used in the context of confidential intermediaries, “consent” always must be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. “Consent” may also mean the agreement for contact or disclosure of records by any of the parties identified in section 19-5-304 (2) as a result of an inquiry by a confidential intermediary pursuant to section 19-5-304.(35)
“Consent form”, as used in section 19-5-305 (3), means a verified written statement signed by an adult adoptee or an adult adoptee’s consenting birth parent or an adoptive parent of a minor adoptee, and notarized, and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency.(36)
“Contact information” means information supplied voluntarily by a birth parent on a contact preference form, including the name of the birth parent at the time of relinquishment of the adoptee; the alias, if any, used at the time of relinquishment of the adoptee; and the current name, current address, and current telephone number of the birth parent.(37)
“Contact preference form” means a written statement signed by a birth parent indicating whether the birth parent prefers future contact with an adult adoptee, an adult descendant of the adoptee, or a legal representative of the adoptee or the descendant and, if contact is preferred, whether the contact should be through a confidential intermediary or a designated employee of a child placement agency.(38)
“Continuously available”, as used in section 19-3-308 (4), means the assignment of a person to be near an operable telephone not necessarily located on the premises ordinarily used for business by the county department of human or social services or to have such arrangements made through agreements with local law enforcement agencies.(39)
“Convicted” or “conviction”, as used in section 19-5-105.5, means a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence pursuant to section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court, or having received a disposition as a juvenile or having been adjudicated a juvenile delinquent based on the commission of any act that constitutes sexual assault, as defined in subsection (124) of this section.(40)
“Cost of care” means the cost to the department of human services or the county department of human or social services for a child placed out of the home; or the cost to the department of human services or the county department of human or social services charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses for a child placed out of the home; or the cost to the department of human services or the county department of human or social services for a juvenile sentenced to a placement out of the home as determined by the court. As used in this title 19, “cost of care” also includes any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole.(41)
“Counsel” means an attorney-at-law who acts as a person’s legal advisor or who represents a person in court.(41.5)
“Counsel for youth” means an attorney-at-law who provides specialized client-directed legal representation for a child or youth and who owes the same duties, including undivided loyalty, confidentiality, and competent representation, to the child or youth as is due an adult client. “Counsel for youth” does not mean defense counsel for a juvenile pursuant to article 2.5 of this title 19.(42)
“County attorney” means the office of the county attorney or city attorney representing a county or a city and county and includes the attorneys employed or retained by such county or city and county.(43)
Intentionally left blank —Ed.(a)
“County department”, as used in this article 1; part 2, part 3, and part 7 of article 3 of this title 19; part 2 of article 5 of this title 19; and part 3 of article 7 of this title 19, means the county or district department of human or social services.(b)
“County department” means a county or a city and county department of human or social services.(44)
“County director”, as used in section 19-3-211 and part 3 of article 3 of this title 19, means the county director or district director appointed pursuant to section 26-1-117.(45)
“Court”, as used in part 3 of article 5 of this title 19, means any court of record with jurisdiction over the matter at issue.(46)
“Court-appointed special advocate” or “CASA volunteer” means a volunteer appointed by a court pursuant to part 2 of this article 1 to assist in advocacy for children.(47)
“Court-appointed special advocate program” or “CASA program” means a program established pursuant to part 2 of this article 1.(48)
“Criminal justice agency”, as used in this section, has the same meaning as set forth in section 24-72-302 (3).(49)
“Custodial adoption”, as used in part 2 of article 5 of this title 19, means an adoption of a child by any person and the person’s spouse, as required pursuant to section 19-5-202 (3), who:(a)
Has been awarded custody or allocated parental responsibilities by a court of law in a dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been awarded guardianship of the child by a court of law in a probate action, such as pursuant to part 2 of article 14 of title 15; and(b)
Has had physical custody of the child for a period of one year or more.(50)
“Custodian” means a person who has been providing shelter, food, clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court.(A)
A court;(B)
A state agency; or(C)
The legal agent or representative of any entity described in subsections (51)(a)(I)(A) and (51)(a)(I)(B) of this section.(II)
“Custodian of records”, as used in sections 19-5-305 (2) and 19-5-305.5, does not include a licensed child placement agency.(b)
“Custodian of records”, as used in section 19-5-109, means an entity that has custody of records relating to the relinquishment of a child, including a court, state agency, licensed child placement agency, maternity home, or the legal agent or representative of any such entity.(52)
“Delinquent act”, as used in article 2.5 of this title 19, means a violation of any statute, ordinance, or order enumerated in section 19-2.5-103. If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense is determined by the statute, ordinance, or order that the petition alleges was violated. “Delinquent act” does not include truancy or habitual truancy.(53)
“Department” or “state department” means the state department of human services created in section 24-1-120.(53.5)
“Dependent on the court” means a youth is under the juvenile court’s jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in subsection (1) of this section; and the youth is in need of oversight and supportive services as determined by the court.(54)
“Designated adoption” means an adoption in which:(a)
The birth parent or parents designate a specific applicant with whom they wish to place their child for purposes of adoption; and(b)
The anonymity requirements of section 19-1-309 are waived.(55)
“Detention” means the temporary care of a child who requires secure custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment.(55.5)
“Diminished capacity” means a child or youth who lacks sufficient capacity to communicate or make considered decisions adequately in connection with the child’s or youth’s legal representation. Age or developmental maturity must not be the sole basis for a determination of diminished capacity.(56)
“Director”, as used in article 2.5 of this title 19, is defined in section 19-2.5-102.(57)
“Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.(58)
“Dispositional hearing” means a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent. The hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing.(59)
“Diversion” has the same meaning as set forth in section 19-2.5-102.(60)
“Division of youth services” or “division” means the division of youth services, created in section 19-2.5-1501.(61)
“Donor”, as used in article 4 of this title 19, means an individual who produces eggs or sperm used for an assisted reproductive procedure, whether or not for consideration. “Donor” does not include an intended parent pursuant to section 19-4-106 (1) or (5) or section 19-4.5-109 or a spouse or civil union partner who provides reproductive tissue to be used for an assisted reproductive procedure by the other spouse or civil union partner.(62)
“Executive director”, as used in article 3.3 of this title 19 and part 3 of article 7 of this title 19, means the executive director of the department of human services.(63)
“Expungement”, as used in section 19-1-306, means the designation of juvenile delinquency records whereby such records are deemed never to have existed.(64)
“Family child care home” means a family child care home licensed and approved pursuant to part 3 of article 5 of title 26.5. If the facility is located in another state, the department of early childhood shall designate, upon certification, that an appropriate available space does not exist in a facility in this state. An out-of-state family child care home must be licensed or approved as required by law in that state.(64.5)
“Family time” means any form of contact or engagement between parents, legal custodians, guardians, siblings, and children or youth for the purposes of preserving and strengthening family ties.(65)
“Fire investigator” means a person who:(a)
Is an officer or member of a fire department, fire protection district, or firefighting agency of the state or any of its political subdivisions;(b)
Is engaged in conducting or is present for the purpose of engaging in the conduct of a fire investigation; and(c)
Is either a volunteer or is compensated for services rendered by the person.(66)
“Foster care” means the placement of a child or youth into the legal custody or legal authority of a county department of human or social services for physical placement of the child or youth in a kinship care placement; supervised independent living placement, as defined in section 19-7-302; or certified or licensed facility, or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement.(67)
“Foster care home” means a foster care home certified pursuant to part 9 of article 6 of title 26.(68)
“Foster care prevention services” means mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal “Family First Prevention Services Act” that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement.(69)
“Governing body”, as used in section 19-3-211, means the board of county commissioners of a county or the city council of a city and county.(70)
Intentionally left blank —Ed.(a)
“Grandparent” means a person who is the parent of a child’s father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage.(b)
Repealed.(71)
Repealed.(72)
“Grievance”, as used in section 19-3-211, means a dispute between a complainant and a county department of human or social services concerning the conduct of county department personnel in performing their duties pursuant to article 3 of this title 19.(73)
“Group care facilities and homes” means places other than foster family care homes providing care for small groups of children. Group care facilities and homes are licensed as provided in part 9 of article 6 of title 26 or meet the requirements of section 25.5-10-214.(74)
“Guardian ad litem” means a person appointed by a court to act in the best interests of a person whom the person appointed is representing in proceedings pursuant to this title 19 and who, if appointed to represent a person in a dependency and neglect proceeding pursuant to article 3 of this title 19, must be an attorney-at-law licensed to practice in Colorado.(75)
“Guardianship of the person” means the duty and authority vested by court action to make major decisions affecting a child, including but not limited to:(a)
The authority to consent to marriage, to enlistment in the armed forces, and to medical or surgical treatment;(b)
The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning the child;(c)
The authority to consent to the adoption of a child when the parent-child legal relationship has been terminated by judicial decree; and(d)
The rights and responsibilities of legal custody when legal custody has not been vested in another person, agency, or institution.(76)
“Half-sibling” has the same meaning as set forth for “biological sibling” in subsection (16) of this section.(77)
“Human trafficking of a minor for involuntary servitude” means an act as described in section 18-3-503.(78)
“Human trafficking of a minor for sexual servitude” means an act as described in section 18-3-504 (2).(79)
“Identifying” means giving, sharing, or obtaining information.(80)
“Identifying information”, as used in section 19-5-305 (3), means copies of any adoption records, as that term is defined in subsection (7) of this section, that are in the possession of the child placement agency. “Identifying information” also includes the name of the adoptee before placement in adoption; the name and address of each consenting birth parent as they appear in the birth records; the current name, address, and telephone number of the adult adoptee; and the current name, address, and telephone number of each consenting birth parent to the extent such information is available to the child placement agency.(81)
“Imminent placement out of the home”, as used in section 19-1-116 (2), means that without intercession the child will be placed out of the home immediately.(82)
“Independent living” means a form of placement out of the home arranged and supervised by the county department of human or social services where the child is established in a living situation designed to promote and lead to the child’s emancipation. Independent living must only follow some other form of placement out of the home.(83)
“Indian child” means an unmarried person who is younger than eighteen years of age and who is either:(a)
A member of an Indian tribe; or(b)
Eligible for membership in an Indian tribe and who is the biological child of a member of an Indian tribe.(84)
“Indian child’s tribe” means:(a)
The Indian tribe in which an Indian child is a member or eligible for membership; or(b)
In the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the most significant contacts.(85)
“Indian tribe” means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the federal governmental services provided to Indians because of their status as Indians.(86)
“Institutional abuse”, as used in part 3 of article 3 of this title 19, means any case of abuse, as defined in subsection (1) of this section, that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. “Institutional abuse” includes an act or omission that threatens the life, health, or welfare of a child or a person who is younger than twenty-one years of age who is under the continuing jurisdiction of the court pursuant to this title 19. “Institutional abuse” does not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided is institutional abuse. As used in this subsection (86), “facility” means a residential child care facility, specialized group facility, foster care home, or any other facility licensed pursuant to part 9 of article 6 of title 26; family child care home licensed pursuant to part 3 of article 5 of title 26.5; noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department of human or social services; or a facility or community placement, as described in section 19-2.5-1502, for a juvenile committed to the custody of the department of human services. “Facility” does not include any adult detention or correctional facility.(87)
“Intrafamilial abuse”, as used in part 3 of article 3 of this title 19, means any case of abuse, as defined in subsection (1) of this section, that occurs within a family context by a child’s parent, stepparent, guardian, legal custodian, or relative; by a spousal equivalent, as defined in subsection (130) of this section; or by any other person who resides in the child’s home or who is regularly in the child’s home for the purpose of exercising authority over or care for the child; except that “intrafamilial abuse” does not include abuse by a person who is regularly in the child’s home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.(88)
“Juvenile” means a child as defined in subsection (21) of this section.(89)
“Juvenile court” or “court” means the juvenile court of the city and county of Denver or the juvenile division of the district court outside of the city and county of Denver.(90)
“Juvenile delinquent” has the same meaning as set forth in section 19-2.5-102.(91)
“Kin” may be a relative of the child, a person ascribed by the family as having a family-like relationship with the child, or a person who has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.(92)
“Kinship adoption”, as used in part 2 of article 5 of this title 19, means an adoption of a child by a relative of the child and such relative’s spouse, as required pursuant to section 19-5-202 (3), who:(a)
Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin; and(b)
Has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title 19.(93)
“Law enforcement officer” means a peace officer, as described in section 16-2.5-101.(94)
Intentionally left blank —Ed.(a)
“Legal custody” means the right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care. “Legal custody” may be taken from a parent only by court action.(b)
For purposes of determining the residence of a child as provided in section 22-1-102 (2)(b), guardianship is in the person to whom legal custody has been granted by the court.(95)
Intentionally left blank —Ed.(a)
“Legal representative”, as used in sections 19-5-304 and 19-5-305, means the person designated by a court to act on behalf of any person described in section 19-5-304 (1)(b)(I) or 19-5-305 (2).(b)
For purposes of the term “legal representative”, as used in sections 19-5-304 and 19-5-305 and as defined in subsection (95)(a) of this section, “legal guardian” does not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity.(96)
“Local law enforcement agency”, as used in part 3 of article 3 of this title 19, means a police department in incorporated municipalities or the office of the county sheriff.(97)
“Locating” means engaging in the process of searching for or seeking out.(98)
“Mental health professional” means a person licensed to practice medicine or psychology in this state or any person on the staff of a facility designated by the executive director of the department of human services for seventy-two-hour treatment and evaluation who is authorized by the facility to do mental or behavioral health hospital placement prescreenings, as defined in section 19-2.5-102, and who is under the supervision of a person licensed to practice medicine or psychology in this state.(99)
“Need to know”, as used in section 19-1-303, means agencies or individuals who need access to certain information for the care, treatment, supervision, or protection of a child.(100)
Intentionally left blank —Ed.(a)
“Neglect”, as used in part 3 of article 3 of this title 19, means acts that can reasonably be construed to fall under the definition of “child abuse or neglect” as defined in subsection (1) of this section.(b)
A child is not neglected when allowed to participate in independent activities that a reasonable and prudent parent, guardian, or legal custodian would consider safe given the child’s maturity, condition, and abilities, including but not limited to activities such as:(I)
Traveling to and from school, including walking, running, bicycling, or other similar mode of travel;(II)
Traveling to and from nearby commercial or recreational facilities;(III)
Engaging in outdoor play; and(IV)
Remaining in a home or other location that a reasonable and prudent parent, guardian, or legal custodian would consider safe for the child.(101)
“Newborn child” means a child who is less than seventy-two hours old.(102)
“Noncertified kinship care” means a child is being cared for by a relative or kin who has a significant relationship with the child in circumstances when there is a safety concern by a county department of human or social services and where the relative or kin has not met the foster care certification requirements for a kinship foster care home or has chosen not to pursue that certification process.(103)
“Nonidentifying information”, as used in part 4 of article 5 of this title 19, means information that does not disclose the name, address, place of employment, or any other material information that would lead to the identification of the birth parents and that includes but is not limited to the following:(a)
The physical description of the birth parents;(b)
The educational background of the birth parents;(c)
The occupation of the birth parents;(d)
Genetic information about the birth family;(e)
Medical information about the adult adoptee’s birth;(f)
Social information about the birth parents; and(g)
The placement history of the adoptee.(104)
“Nonpublic agency interstate and foreign adoption”, as used in section 19-5-205.5, means an interstate or foreign adoption that is handled by a private, licensed child placement agency.(105)
Intentionally left blank —Ed.(a)
“Parent” means either a natural parent of a child, as may be established pursuant to article 4 of this title 19, or a parent by adoption.(b)
“Parent”, as used in sections 19-1-114, 19-2.5-501, and 19-2.5-611, includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. For the purposes of section 19-1-114, “parent” does not include a person whose parental rights have been terminated pursuant to the provisions of this title 19 or the parent of an emancipated minor.(106)
“Permanency hearing” means a hearing in which the permanency plan for a child in foster care is determined by the court.(107)
“Placement out of the home” means placement for twenty-four-hour residential care in any facility or center operated or licensed by the department of human services, but “placement out of the home” does not include any placement that is paid for totally by private money or any placement in a home for the purposes of adoption in accordance with section 19-5-205. “Placement out of the home” may be voluntary or court ordered. “Placement out of the home” includes independent living.(108)
Intentionally left blank —Ed.(a)
“Post-adoption record”, as used in part 3 of article 5 of this title 19, means information contained in the files subsequent to the completion of an adoption proceeding.(b)
The post-adoption record may contain information concerning but not limited to:(I)
The written inquiries from persons requesting access to records;(II)
The search efforts of the confidential intermediary;(III)
The response, if any, to those search efforts by the persons sought;(IV)
Any updated medical information gathered pursuant to part 3 of article 5 of this title 19; and(V)
Any personal identifying information concerning any persons subject to part 3 of article 5 of this title 19.(109)
Repealed.(110)
“Protective supervision” means a legal status created by court order under which the child is permitted to remain in the child’s home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court.(111)
“Public adoption”, as used in part 2 of article 5 of this title 19, means an adoption involving a child who is in the legal custody and guardianship of the county department of human or social services that has the right to consent to adoption for that child.(112)
“Qualified individual” means a trained professional or licensed clinician, as defined in the federal “Family First Prevention Services Act”. “Qualified individual” must be approved to serve as a qualified individual according to the state plan. “Qualified individual” must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth and making recommendations concerning the child’s, juvenile’s, or youth’s placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.(113)
“Qualified residential treatment program” means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal “Family First Prevention Services Act”, 42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child required in section 19-1-115 (4)(e)(I).(114)
“Reasonable efforts”, as used in articles 1, 2.5, 3, and 7 of this title 19, means the exercise of diligence and care throughout the state of Colorado for children and youth who are in foster care or out-of-home placement or are at imminent risk of foster care or out-of-home placement. In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required to prevent unnecessary placement of a child or youth outside of a child’s or youth’s home or to foster the safe reunification of a child or youth with a child’s or youth’s family, as described in section 19-3-208, or whether it is appropriate to find and finalize an alternative permanent plan for a child or youth, and in making reasonable efforts, the child’s or youth’s health and safety are the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (114). Nothing in this subsection (114) is construed to conflict with federal law.(115)
Repealed.(116)
“Record”, as used in section 19-4-106 and section 19-4.5-108, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(117)
“Register of actions” means those portions of the electronic case management system necessary to carry out a statutory purpose or the duties of a court appointment.(118)
“Repeat juvenile offender” is described in section 19-2.5-1125.(119)
“Residual parental rights and responsibilities” means those rights and responsibilities remaining with the parent after legal custody, guardianship of the person, or both, have been vested in another person, agency, or institution, including but not limited to the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child’s religious affiliation.(120)
“Responsible person”, as used in part 3 of article 3 of this title 19, means a child’s parent, legal guardian, or custodian or any other person responsible for the child’s health and welfare.(121)
“Restorative justice” has the same meaning as set forth in section 19-2.5-102.(122)
“Reunited parties”, as used in section 19-5-305, means any two persons who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304 (1)(b)(I).(123)
“School”, as used in sections 19-1-303 and 19-1-304, means a public or parochial or other nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. “Basic academic education” has the same meaning as set forth in section 22-33-104 (2)(b).(124)
“Sexual assault”, as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means:(a)
“Sexual assault”, as defined in section 18-3-402;(b)
“Sexual assault on a child”, as defined in section 18-3-405;(c)
“Sexual assault on a child by one in a position of trust”, as defined in section 18-3-405.3;(d)
“Sexual assault on a client by a psychotherapist”, as defined in section 18-3-405.5; or(e)
“Unlawful sexual contact”, as defined in section 18-3-404.(125)
“Sexual conduct”, as used in section 19-3-304 (2.5), means any of the following:(a)
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;(b)
Penetration of the vagina or rectum by any object;(c)
Masturbation; or(d)
Sexual sadomasochistic abuse.(126)
“Shelter” means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement.(127)
“Sibling group”, as used in articles 3 and 5 of this title 19, means biological siblings.(128)
“Special county attorney”, as used in article 3 of this title 19, means an attorney hired by a county attorney or city attorney of a city and county or hired by a county department of human or social services with the concurrence of the county attorney or city attorney of a city and county to prosecute dependency and neglect cases.(129)
“Special respondent”, as used in article 3 of this title 19, means any person who is not a parent, guardian, or legal custodian and who is voluntarily or involuntarily joined in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan and for the grounds outlined in sections 19-3-502 (6) and 19-3-503 (4).(130)
“Spousal equivalent” means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent.(131)
“Standardized behavioral or mental health disorder screening” means the behavioral or mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102.(132)
“State board”, as used in part 3 of article 3 of this title 19, means the state board of human services.(133)
“State department”, as used in section 19-3-211, part 3 of article 3 of this title 19, article 3.3 of this title 19, and part 3 of article 7 of this title 19, means the department of human services created in section 24-1-120.(134)
“State registrar” means the state registrar of vital statistics in the department of public health and environment.(135)
“Status offense” has the same meaning as is defined in federal law in 28 CFR 31.304, as amended.(136)
“Stepparent” means a person who is married to a parent of a child but who has not adopted the child.(137)
“Temporary holding facility” means an area used for the temporary holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area that houses adult offenders.(138)
“Temporary shelter” means the temporary placement of a child, as described in section 19-3-403.5, with kin, as defined in subsection (91) of this section; with an adult with a significant relationship with the child; or in a licensed and certified twenty-four-hour care facility.(139)
“Termination of the parent-child legal relationship”, as used in articles 3 and 5 of this title 19, means the permanent elimination by court order of all parental rights and duties, including residual parental rights and responsibilities, as provided in section 19-3-608.(140)
“Third-party abuse”, as used in part 3 of article 3 of this title 19, means a case in which a child is subjected to abuse, as defined in subsection (1) of this section, by any person who is not a parent; stepparent; guardian; legal custodian; spousal equivalent, as defined in subsection (130) of this section; or any other person not included in the definition of “intrafamilial abuse”, as defined in subsection (87) of this section.(141)
“Trauma-informed” refers to the services to be provided to or on behalf of a child or youth under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma’s consequences and facilitate healing.(142)
Repealed.(143)
“Updated medical history statement” means a written narrative statement dated and signed by a birth parent about the medical history of the birth parent or other biological relatives of the adoptee that can be voluntarily submitted by the birth parent to the state registrar for future disclosure to the birth parent’s adult child who is an adult adoptee or an adult descendant of the adoptee or legal representative of such person in accordance with the provisions of section 19-5-305 (1.5).(144)
Intentionally left blank —Ed.(a)
“Victim”, as used in this title 19 and except as provided in subsection (144)(b) of this section, has the same meaning as set forth in section 19-2.5-102.(b)
“Victim”, as used in section 19-5-105.5, means any natural person against whom a crime of sexual assault or a crime in which the underlying factual basis was sexual assault is perpetrated or is alleged to have been perpetrated.(145)
“Youth” means an individual who is less than twenty-one years of age.
Source:
Section 19-1-103 — Definitions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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