C.R.S.
Section 26-7-105
Eligibility for adoption benefits
(1)
Only an eligible child or youth who has special needs that create a barrier to his or her adoption is eligible for adoption benefits.(2)
The following conditions must be present at the time the eligible child or youth was placed for adoption; except that a child or youth who meets the medical and disability requirements for federal supplemental security income does not need to meet the additional conditions:(a)
The eligible child or youth was in the custody of a county department, a person to whom the custody of the child has been given by proper order of a dependency and neglect court, or a nonprofit child placement agency, and is legally available for adoption, including the resolution of all appeals; and(b)
It has been determined that the eligible child or youth cannot or should not be returned home to his or her biological parents; and(c)
Reasonable but unsuccessful efforts to place the eligible child or youth for adoption without benefits have been made, except under the following circumstances:(I)
It is determined that such efforts would be against the best interest of the eligible child or youth because of factors that include, but are not limited to, the existence of a significant bond with the prospective adoptive parents or a search for a nonsubsidized adoptive placement would delay a child’s or youth’s right to permanency in a timely manner; or(II)
The eligible child or youth is being placed by a birth parent with designated adoptive parents through a nonprofit child placement agency; and(d)
The county department or nonprofit child placement agency has determined that the adoptive family has the capability of providing for the nonfinancial needs of the eligible child or youth.
Source:
Section 26-7-105 — Eligibility for adoption benefits, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-26.pdf (accessed Oct. 20, 2023).
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