First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0214.02 Shelby Ross x4510
HOUSE BILL 25-1204
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE CODIFICATION OF THE FEDERAL "INDIAN CHILD101
W
ELFARE ACT OF 1978" AS THE "COLORADO INDIAN CHILD102
W
ELFARE ACT".103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill codifies the federal "Indian Child Welfare Act of 1978"
into state law as the "Colorado Indian Child Welfare Act" (CO-ICWA)
and provides additional protections for Indian children and children
known to be Indian children under state law.
HOUSE SPONSORSHIP
Duran and Joseph,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal 19-1-126 as2
follows:3
19-1-126. Compliance with the federal "Indian Child Welfare4
Act of 1978". (1) In each case filed pursuant to this title 19 that5
constitutes a child custody proceeding, as defined in the federal "Indian6
Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and therefore to7
which the terms of the federal "Indian Child Welfare Act of 1978", 258
U.S.C. sec. 1901 et seq., apply, the court and each party to the proceeding9
shall comply with the federal implementing regulations, and any10
modifications thereof, of the federal "Indian Child Welfare Act of 1978",11
25 U.S.C. sec. 1901 et seq., located in 25 CFR 23, which outline the12
minimum federal standards governing the implementation of the "Indian13
Child Welfare Act of 1978" to ensure the statute is applied in Colorado14
consistent with the act's express language, congress's intent in enacting15
the statute, and to promote the stability and security of Indian children,16
tribes, and families. In each child-custody proceeding filed pursuant to17
this title 19 to which the terms of the federal "Indian Child Welfare Act18
of 1978", 25 U.S.C. sec. 1901 et seq., apply:19
(a) (I) The court shall make inquiries to determine whether the20
child who is the subject of the proceeding is an Indian child, and, if so,21
shall determine the identity of the Indian child's tribe. In determining the22
Indian child's tribe:23
(A) The court shall ask each participant in an emergency or24
voluntary or involuntary child-custody proceeding whether the participant25
knows or has reason to know that the child is an Indian child. The inquiry26
HB25-1204-2- is to be made at the commencement of the proceeding, and all responses1
must be on the record. The court shall instruct the participants to inform2
the court if any participant subsequently receives information that3
provides reason to know the child is an Indian child.4
(B) Any party to the proceeding shall disclose any information5
indicating that the child is an Indian child or provide an identification6
card indicating membership in a tribe to the petitioning and filing parties7
and the court in a timely manner. The court shall order the party to8
provide the information no later than seven business days after the date9
of the hearing or prior to the next hearing on the matter, whichever occurs10
first. The information should be filed with the court and provided to the11
county department of human or social services and each party no later12
than seven business days after the date of the hearing.13
(II) The court, upon conducting the inquiry described in14
subsection (1)(a)(I) of this section, has reason to know that a child is an15
Indian child if:16
(A) Any participant in the child-custody proceeding, officer of the17
court involved in the child-custody proceeding, Indian tribe, Indian18
organization, or agency informs the court that the child is an Indian child;19
(B) Any participant in the child-custody proceeding, officer of the20
court involved in the child-custody proceeding, Indian tribe, Indian21
organization, or agency informs the court that it has discovered22
information indicating that the child is an Indian child;23
(C) The child who is the subject of the child-custody proceeding24
gives the court reason to know he or she is an Indian child;25
(D) The court is informed that the domicile or residence of the26
child, the child's parent, or the child's Indian custodian is on a reservation27
HB25-1204
-3- or in an Alaska native village;1
(E) The court is informed that the child is or has been a ward of2
a tribal court, as defined in 25 U.S.C. sec. 1903; or3
(F) The court is informed that the child or the child's parent4
possesses an identification card indicating membership in an Indian tribe.5
(b) If the court knows or has reason to know, as defined in6
subsection (1)(a)(II) of this section, that the child who is the subject of the7
proceeding is an Indian child, the petitioning or filing party shall send8
notice by registered or certified mail, return receipt requested, to the9
parent or parents, the Indian custodian or Indian custodians of the child10
and to the tribal agent of the Indian child's tribe as designated in 25 CFR11
23, or, if there is no designated tribal agent, the petitioning or filing party12
shall contact the tribe to be directed to the appropriate office or13
individual. In providing notice, the court and each party shall comply with14
25 CFR 23.111.15
(c) The petitioning or filing party shall disclose in the complaint,16
petition, or other commencing pleading filed with the court that the child17
who is the subject of the proceeding is an Indian child and the identity of18
the Indian child's tribe or what efforts the petitioning or filing party has19
made in determining whether the child is an Indian child. If the child who20
is the subject of the proceeding is determined to be an Indian child, the21
petitioning or filing party shall further identify what reasonable efforts22
have been made to send notice to the persons identified in subsection23
(1)(b) of this section. The postal receipts indicating that notice was24
properly sent by the petitioning or filing party to the parent or Indian25
custodian of the Indian child and to the Indian child's tribe must be26
attached to the complaint, petition, or other commencing pleading filed27
HB25-1204
-4- with the court; except that, if notification has not been perfected at the1
time the initial complaint, petition, or other commencing pleading is filed2
with the court or if the postal receipts have not been received back from3
the post office, the petitioning or filing party shall file the postal receipts4
with the court. Any responses sent by the tribal agents to the petitioning5
or filing party, the county department of human or social services, or the6
court must be distributed to the parties and deposited with the court.7
(2) If there is reason to know the child is an Indian child but the8
court does not have sufficient evidence to determine that the child is or9
is not an Indian child, the court shall:10
(a) Confirm, by way of a report, declaration, or testimony included11
in the record, that the petitioning or filing party used due diligence to12
identify and work with all of the tribes of which there is reason to know13
the child may be a member, or eligible for membership, to verify whether14
the child is in fact a member, or a biological parent is a member and the15
child is eligible for membership; and16
(b) Treat the child as an Indian child, unless and until it is17
determined on the record that the child does not meet the definition of an18
Indian child.19
(3) If the court receives information that the child may have20
Indian heritage but does not have sufficient information to determine that21
there is reason to know that the child is an Indian child pursuant to22
subsection (1)(a)(II) of this section, the court shall direct the petitioning23
or filing party to exercise due diligence in gathering additional24
information that would assist the court in determining whether there is25
reason to know that the child is an Indian child. The court shall direct the26
petitioning or filing party to make a record of the effort taken to27
HB25-1204
-5- determine whether or not there is reason to know that the child is an1
Indian child.2
(4) The requirements of the federal "Indian Child Welfare Act of3
1978", 25 U.S.C. sec. 1901 et seq., in effect as of February 9, 2003, and4
the related regulations located at 25 CFR 23, in effect as of February 9,5
2023, are incorporated into and adopted as state law.6
SECTION 2. In Colorado Revised Statutes, add article 1.2 to title7
19 as follows:8
ARTICLE 1.29
Colorado Indian Child Welfare Act10
19-1.2-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 1.2 IS11
THE "COLORADO INDIAN CHILD WELFARE ACT".12
19-1.2-102. Legislative declaration. (1) T
HE GENERAL13
ASSEMBLY FINDS AND DECLARES THAT :14
(a) H
ISTORICALLY, AN ALARMINGLY HIGH PERCENTAGE OF INDIAN15
FAMILIES WERE DISRUPTED BY THE REMOVAL , OFTEN UNWARRANTED, OF16
THEIR CHILDREN BY NON-TRIBAL PUBLIC AND PRIVATE AGENCIES , AND17
THAT A DISTURBINGLY HIGH PERCENTAGE OF THOSE INDIAN CHILDREN18
WERE PLACED IN NON -INDIAN FOSTER AND ADOPTIVE HOMES AND19
INSTITUTIONS;20
(b) A
S A RESULT OF THESE ACTIONS , THOUSANDS OF INDIAN21
FAMILIES, TRIBAL NATIONS, AND ENTIRE CULTURES WERE DEVASTATED ;22
(c) T
HE STATES, IN EXERCISING THEIR RECOGNIZED JURISDICTION23
OVER INDIAN CHILD CUSTODY PROCEEDINGS THROUGH ADMINISTRATIVE24
AND JUDICIAL BODIES, HISTORICALLY FAILED TO RECOGNIZE THE25
ESSENTIAL TRIBAL RELATIONS OF INDIAN PEOPLE AND THE CULTURAL AND26
SOCIAL STANDARDS PREVAILING IN INDIAN COMMUNITIES AND CULTURES ;27
HB25-1204
-6- (d) IN RESPONSE TO THESE CIRCUMSTANCES , THE UNITED STATES1
CONGRESS PASSED THE FEDERAL "INDIAN CHILD WELFARE ACT OF 1978",2
25
U.S.C. SEC. 1901 ET SEQ., KNOWN AS "ICWA", TO PROTECT THE BEST3
INTERESTS OF INDIAN CHILDREN AND TO PROMOTE THE STABILITY AND4
SECURITY OF INDIAN TRIBES AND FAMILIES BY ESTABLISHING MINIMUM5
FEDERAL STANDARDS FOR THE REM OVAL OF INDIAN CHILDREN FROM THEIR6
FAMILIES AND FOR THE PLACEMENT OF THOSE INDIAN CHILDREN IN FOSTER7
OR ADOPTIVE HOMES THAT WOULD REFLECT THE UNIQUE VALUES OF8
I
NDIAN CULTURE. THE ACT PROVIDES ASSISTANCE TO INDIAN TRIBES IN9
THE OPERATION OF CHILD AND FAMILY SERVICE PROGRAMS .10
(e) ICWA
HAS BEEN THE SUBJECT OF TARGETED ATTACKS IN THE11
FEDERAL COURTS, INCLUDING MOST RECENTLY IN HAALAND V. BRACKEEN,12
599
U.S. 255 (2023), IN WHICH THE UNITED STATES SUPREME COURT13
UPHELD ICWA IN ITS ENTIRETY. EVEN WITH HAALAND V. BRACKEEN14
UPHOLDING ICWA, THE LAW REMAINS SUBJECT TO CHALLENGE .15
(f) T
HE COLORADO GENERAL ASSEMBLY CAN COMBAT16
CHALLENGES TO ICWA BY UPHOLDING ICWA'S RECOGNIZED "GOLD17
STANDARD" IN CHILD WELFARE PROTECTION;18
(g) A
S OF 2025, SEVENTEEN STATES HAVE PASSED COMPREHENSIVE19
STATE ICWA LAWS WHILE COLORADO HAS ADOPTED PARTS OF THE20
FEDERAL LAW AND, MOST RECENTLY IN SENATE BILL 23-211, ADOPTED21
AND INCORPORATED ICWA AND ITS REGULATIONS BY REFERENCE AS22
C
OLORADO LAW;23
(h) A
CRITICAL ELEMENT OF ICWA IS THE REQUIREMENT TO24
NOTIFY AN INDIAN CHILD'S TRIBE WHEN A STATE COURT PROCEEDING IS25
COMMENCED THAT COULD RESULT IN THE PLACEMENT OF THE INDIAN26
CHILD OUT OF THE INDIAN CHILD'S HOME. THE PURPOSE OF THE NOTICE IS27
HB25-1204
-7- TO PROVIDE THE INDIAN CHILD'S TRIBE THE OPPORTUNITY TO TRANSFER1
THE CASE TO A TRIBAL COURT OR OTHERWISE PARTICIPATE IN THE STATE2
COURT PROCEEDING.3
(i) T
O ACHIEVE THESE GOALS , IT IS CRUCIAL TO DETERMINE,4
CONSISTENTLY AND FAITHFULLY , WHETHER A CHILD WHO IS THE SUBJECT5
OF THESE TYPES OF STATE COURT PROCEEDINGS IS AN INDIAN CHILD AND6
TO ENSURE THAT, IF SO, APPROPRIATE AND TIMELY NOTICE IS PROVIDED ,7
PARTICULARLY NOTICE TO THE RELEVANT TRIBES WHEN THE C OUNTY8
DEPARTMENT OF HUMAN OR SOCIAL SERVICES RECEIVES INFORMATION9
THAT A CHILD MAY BE AN INDIAN CHILD;10
(j) T
HE STATE OF COLORADO HAS PREVIOUSLY RECOGNIZED THAT11
I
NDIAN TRIBES HAVE A COMPELLING INTEREST IN PROMOTING AND12
MAINTAINING THEIR INTEGRITY AND CULTURE BY ENTERING INTO FEDERAL13
"I
NDIAN CHILD WELFARE ACT OF 1978" AGREEMENTS WITH THE14
S
OUTHERN UTE INDIAN TRIBE AND THE UTE MOUNTAIN UTE INDIAN15
T
RIBE. THE AGREEMENTS, AMONG OTHER THINGS , PLACE STRINGENT16
NOTICE REQUIREMENTS ON THE STATE IN PROCEEDINGS INVOLVING INDIAN17
CHILDREN AND PROVIDE FOR THE DELAY OF PROCEEDINGS UNTIL THE18
REQUIRED NOTICE HAS BEEN PROVIDED TO THE TRIBE IN QUESTION . THE19
STATE OF COLORADO FURTHER RECOGNIZES THAT THE DEPARTMENT OF20
HUMAN SERVICES MAY ALSO ENTER INTO A TRIBAL -STATE AGREEMENT21
WITH TRIBES OUTSIDE OF COLORADO THAT HAVE SIGNIFICANT NUMBERS22
OF MEMBER INDIAN CHILDREN OR MEMBERSHIP -ELIGIBLE INDIAN23
CHILDREN RESIDING IN COLORADO.24
(k) C
OLORADO IS COMMITTED TO THE CONSISTENT APPLICATION OF25
AND COMPLIANCE WITH THE FEDERAL ICWA THROUGHOUT THE STATE TO26
ENSURE THAT PROPER NOTICE IS PROVIDED AND PROCEDURES ARE27
HB25-1204
-8- FOLLOWED AS SPECIFIED BY ICWA WHEN STATE COURT ACTIONS INVOLVE1
I
NDIAN CHILDREN; AND2
(l) N
OTHING IS MORE VITAL TO THE CONTINUED EXISTENCE AND3
INTEGRITY OF INDIAN TRIBES THAN THEIR CHILDREN.4
(2) T
HEREFORE, THE GENERAL ASSEMBLY DETERMINES AND5
DECLARES THAT:6
(a) I
T IS APPROPRIATE AND IN THE BEST INTERESTS OF THE INDIAN7
FAMILIES WHO ARE INTENDED TO BE PROTECTED BY THE TERMS OF THE8
FEDERAL "INDIAN CHILD WELFARE ACT OF 1978" AND THE INDIAN9
CHILDREN REPRESENTED THEREBY THAT :10
(I) T
HE FEDERAL "INDIAN CHILD WELFARE ACT OF 1978"11
AGREEMENTS ENTERED INTO BETWEEN THE STATE OF COLORADO AND THE12
S
OUTHERN UTE INDIAN TRIBE AND THE UTE MOUNTAIN UTE INDIAN13
T
RIBE ARE REAFFIRMED; AND14
(II) A
COMPREHENSIVE COLORADO "INDIAN CHILD WELFARE ACT"15
IS ENACTED TO ENSURE CONSISTENT AND RELIABLE COMPLIANCE WITH THE16
FEDERAL ICWA FOR THE PROTECTION OF INDIAN CHILDREN WITHIN17
C
OLORADO AND TO ENSURE THAT INDIAN CHILDREN IN THIS STATE ARE18
PROTECTED AS STATED SHOULD THE FEDERAL LAW BE APPEALED ,19
MODIFIED, OR OTHERWISE ANNULLED;20
(b) T
HE STATE OF COLORADO RECOGNIZES ALL FEDERALLY21
RECOGNIZED INDIAN TRIBES AS HAVING THE INHERENT AUTHORITY TO22
DETERMINE THEIR OWN JURISDICTION FOR ANY AND ALL INDIAN CHILD23
CUSTODY OR CHILD PLACEMENT PROCEEDINGS , REGARDLESS OF WHETHER24
THE TRIBE'S MEMBERS ARE ON OR OFF THE RESERVATION AND REGARDLESS25
OF THE PROCEDURAL POSTURE OF THE PROCEEDING ;26
(c) T
HE STATE OF COLORADO HAS LONG RECOGNIZED THE27
HB25-1204
-9- IMPORTANCE OF INDIAN CHILDREN TO THEIR TRIBES , NOT ONLY AS1
MEMBERS OF TRIBAL FAMILIES AND COMMUNITIES BUT ALSO AS THE2
TRIBE'S GREATEST RESOURCE AS FUTURE MEMBERS AND LEADERS OF THE3
TRIBE. THE VITALITY OF INDIAN CHILDREN IN COLORADO IS ESSENTIAL TO4
THE HEALTH AND WELFARE OF BOTH THE STATE AND TRIBES , AND IS5
ESSENTIAL TO THE FUTURE WELFARE AND CONTINUED EXISTENCE OF THE6
TRIBES.7
(d) I
T IS THE POLICY OF THE STATE TO COOPERATE FULLY WITH8
I
NDIAN TRIBES AND TRIBAL CITIZENS TO ENSURE THAT THE INTENT AND9
PROVISIONS OF THE FEDERAL ICWA ARE ENFORCED; AND10
(e) A
DVANCING ICWA IS CONSISTENT WITH THE "COLORADO11
C
HILDREN'S CODE" AND WITH ARTICLE II OF THE STATE CONSTITUTION.12
(3) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE13
PURPOSE OF THIS ARTICLE 1.2 IS TO CODIFY THE FEDERAL "INDIAN CHILD14
W
ELFARE ACT OF 1978" INTO STATE LAW AND TO PROVIDE ADDITIONAL15
PROTECTIONS FOR INDIAN CHILDREN PURSUANT TO STATE LAW .16
19-1.2-103. Definitions. A
S USED IN THIS ARTICLE 1.2, UNLESS17
THE CONTEXT OTHERWISE REQUIRES :18
(1) "A
CTIVE EFFORTS" MEANS EFFORTS THAT ARE AFFIRMATIVE ,19
ACTIVE, THOROUGH, TIMELY, AND INTENDED TO MAINTAIN OR REUNITE AN20
I
NDIAN CHILD WITH THE INDIAN CHILD'S FAMILY BY PROVIDING REMEDIAL21
SERVICES AND REHABILITATIVE PROGRAMS . "ACTIVE EFFORTS" REQUIRE22
MORE THAN A REFERRAL TO A SERVICE AND MUST BE CONDUCTED IN23
PARTNERSHIP WITH THE INDIAN CHILD, THE INDIAN CHILD'S PARENT OR24
I
NDIAN CUSTODIAN, EXTENDED FAMILY MEMBERS , AND THE TRIBE.25
(2) (a) "C
HILD CUSTODY PROCEEDING" MEANS A CHILD CUSTODY26
PROCEEDING WITHIN THE COURT 'S JURISDICTION AND INCLUDES:27
HB25-1204
-10- (I) FOSTER CARE PLACEMENTS, INCLUDING ANY ACTION REMOVING1
AN INDIAN CHILD FROM THE INDIAN CHILD'S PARENT OR INDIAN2
CUSTODIAN FOR TEMPORARY PLACEMENT IN A FOSTER HOME OR3
INSTITUTION, OR THE HOME OF A GUARDIAN OR CONSERVATOR WHEN THE4
I
NDIAN PARENT OR INDIAN CUSTODIAN CANNOT HAVE THE INDIAN CHILD5
RETURNED UPON DEMAND BUT PARENTAL RIGHTS HAVE NOT BEEN6
TERMINATED, INCLUDING, BUT NOT LIMITED TO , A HEARING HELD7
PURSUANT TO SECTION 19-3-405, 19-3-507, 19-3-508, OR 19-3-702;8
(II) T
ERMINATION OF PARENTAL RIGHTS , INCLUDING ANY ACTION9
RESULTING IN THE TERMINATION OF THE PARENT -CHILD RELATIONSHIP;10
(III) P
RE-ADOPTIVE PLACEMENT, INCLUDING THE TEMPORARY11
PLACEMENT OF AN INDIAN CHILD IN A FOSTER HOME OR INSTITUTION12
AFTER THE TERMINATION OF PARENTAL RIGHTS BUT PRIOR TO OR IN LIEU13
OF ADOPTIVE PLACEMENT;14
(IV) A
DOPTIVE PLACEMENT , INCLUDING THE PERMANENT15
PLACEMENT OF AN INDIAN CHILD FOR ADOPTION AND ANY ACTION16
RESULTING IN A FINAL DECREE OF ADOPTION;17
(V) A
PARENTAGE DETERMINATION ; AND18
(VI) G
UARDIANSHIP OR ALLOCATION OF PARENTAL19
RESPONSIBILITIES TO A NONPARENT, INCLUDING AN ACTION TAKEN IN A20
PROBATE OR DOMESTIC RELATIONS CASE REMOVING AN INDIAN CHILD21
FROM THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN FOR TEMPORARY22
PLACEMENT IN THE HOME OF A GUARDIAN , CONSERVATOR, OR NONPARENT23
WHEN THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN CANNOT HAVE24
THE INDIAN CHILD RETURNED UPON DEMAND BUT PARENTAL RIGHTS HAVE25
NOT BEEN TERMINATED.26
(b) A
N ACTION THAT MAY CULMINATE IN ONE OF THE OUTCOMES27
HB25-1204
-11- DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION IS A SEPARATE CHILD1
CUSTODY PROCEEDING FROM AN ACTION THAT MAY CULMINATE IN A2
DIFFERENT ONE OF THE OUTCOMES . THERE MAY BE SEVERAL CHILD3
CUSTODY PROCEEDINGS INVOLVING AN INDIAN CHILD, AND WITHIN EACH4
CHILD CUSTODY PROCEEDING , THERE MAY BE SEVERAL SEPARATE5
HEARINGS.6
(c) "C
HILD CUSTODY PROCEEDING" DOES NOT INCLUDE:7
(I) A
PROCEEDING FOR THE CUSTODY OR SUPPORT OF , OR8
PARENTING TIME WITH, AN INDIAN CHILD THAT IS SOLELY BETWEEN TWO9
PARENTS;10
(II) A
N EMERGENCY PROCEEDING AS DESCRIBED IN SECTION11
19-1.2-110;
OR12
(III) A
DELINQUENCY PROCEEDING OTHER THAN THOSE BASED13
SOLELY ON A STATUS OFFENSE.14
(3) "C
OURT" MEANS A DISTRICT COURT, JUVENILE COURT, OR15
PROBATE COURT THAT IS PRESIDING OVER A CHILD CUSTODY PROCEEDING .16
(4) "C
USTODY" OR "CONTINUED CUSTODY" MEANS HAVING LEGAL17
OR PHYSICAL CUSTODY, OR BOTH, OF AN INDIAN CHILD PURSUANT TO18
APPLICABLE TRIBAL LAW, TRIBAL CUSTOM, OR STATE LAW. AN INDIVIDUAL19
HAS CUSTODY OF AN INDIAN CHILD IF THE INDIVIDUAL IS THE INDIAN20
CHILD'S PARENT, IF THE INDIVIDUAL HAS PHYSICAL CUSTODY THROUGH AN21
ARRANGEMENT WITH THE INDIAN CHILD'S PARENT OUTSIDE OF THE22
INVOLVEMENT OF A CHILD WELFARE OR CHILD PLACEMENT AGENCY , OR IF23
THE INDIVIDUAL HAS LEGAL CUSTODY OF THE INDIAN CHILD PURSUANT TO24
APPLICABLE TRIBAL LAW, TRIBAL CUSTOM, OR STATE LAW. AN INDIAN25
CHILD'S PARENT, AS DETERMINED PURSUANT TO SECTION 19-1.2-105, IS26
DEEMED TO HAVE CUSTODY OR CONTINUED CUSTODY WHEN THE PARENT27
HB25-1204
-12- ALREADY HAS OR HAD CUSTODY AT ANY POINT IN THE PAST .1
(5) (a) "D
OMICILE" MEANS THE PLACE AN INDIVIDUAL REGARDS AS2
HOME, WHERE THE INDIVIDUAL INTENDS TO REMAIN , OR TO WHICH, IF3
ABSENT, THE INDIVIDUAL INTENDS TO RETURN.4
(b) A
N INDIAN CHILD'S DOMICILE, IN ORDER OF PRIORITY, IS THE5
DOMICILE OF:6
(I) T
HE INDIAN CHILD'S PARENTS OR, IF THE INDIAN CHILD'S7
PARENTS DO NOT HAVE THE SAME DOMICILE , THE INDIAN CHILD'S PARENT8
WHO HAS PHYSICAL CUSTODY OF THE INDIAN CHILD;9
(II) T
HE INDIAN CHILD'S INDIAN CUSTODIAN; OR10
(III) T
HE INDIAN CHILD'S GUARDIAN.11
(6) "D
UE DILIGENCE" MEANS THE EARNEST ENDEAVOR OF THE12
COURT AND THE PETITIONING OR FILING PARTY TO INVESTIGATE THE BASIS13
FOR A PARTY'S OR OTHER INDIVIDUAL'S ASSERTION THAT A CHILD MAY BE14
AN INDIAN CHILD, AS DESCRIBED IN SECTION 19-1.2-108.15
(7) "E
MERGENCY PROCEEDING " MEANS ANY COURT ACTION THAT16
INVOLVES THE EMERGENCY REMOVAL OR EMERGENCY PLACEMENT OF AN17
I
NDIAN CHILD, INCLUDING REMOVAL PURSUANT TO SECTION 19-1.2-110,18
19-1.2-124,
19-3-405, 14-10-129 (4), OR 15-14-204 (5) WITH OR WITHOUT19
A PROTECTIVE CUSTODY ORDER , OR A TEMPORARY SHELTER CARE20
PROCEEDING PURSUANT TO SECTION 19-3-401 OR 19-3-403.21
(8) (a) "E
XTENDED FAMILY MEMBER " HAS THE SAME MEANING AS22
GIVEN IN THE TRIBAL LAW OR TRIBAL CUSTOM OF THE INDIAN CHILD'S23
TRIBE.24
(b) I
F THE MEANING OF "EXTENDED FAMILY MEMBER " CANNOT BE25
DETERMINED PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION,26
"
EXTENDED FAMILY MEMBER " MEANS AN INDIVIDUAL WHO HAS ATTAINED27
HB25-1204
-13- EIGHTEEN YEARS OF AGE AND WHO IS THE INDIAN CHILD'S GRANDPARENT,1
AUNT, UNCLE, BROTHER, SISTER, BROTHER-IN-LAW, SISTER-IN-LAW, NIECE,2
NEPHEW, FIRST OR SECOND COUSIN , GODPARENT, STEPPARENT, OR3
STEPGRANDPARENT, OR AS DETERMINED BY THE INDIAN CHILD'S TRIBE4
MEMBER. EVEN FOLLOWING TERMINATION OF A MARRIAGE , A GODPARENT,5
STEPPARENT, OR STEPGRANDPARENT IS CONSIDERED AN "EXTENDED6
FAMILY MEMBER".7
(9) "I
NDIAN" MEANS AN INDIVIDUAL WHO IS A MEMBER OF AN8
I
NDIAN TRIBE OR WHO IS AN ALASKA NATIVE AND A MEMBER OF A9
REGIONAL CORPORATION, AS DEFINED IN THE "ALASKA NATIVE CLAIMS10
S
ETTLEMENT ACT", 43 U.S.C. SEC. 1606.11
(10) "I
NDIAN CHILD" MEANS AN UNMARRIED INDIVIDUAL WHO HAS12
NOT ATTAINED EIGHTEEN YEARS OF AGE AND :13
(a) I
S A MEMBER OR CITIZEN OF AN INDIAN TRIBE; OR14
(b) I
S ELIGIBLE FOR MEMBERSHIP OR CITIZENSHIP IN AN INDIAN15
TRIBE AS DETERMINED BY THAT INDIAN TRIBE IN WRITING OR ORALLY ON16
THE RECORD AND IS THE BIOLOGICAL CHILD OF A MEMBER OF AN INDIAN17
TRIBE.18
(11) "I
NDIAN CHILD WELFARE ACT OF 1978" OR "ICWA" MEANS19
THE FEDERAL LAW FOUND AT 25 U.S.C. SEC. 1901 ET SEQ. AND ITS20
IMPLEMENTING REGULATIONS .21
(12) "I
NDIAN CUSTODIAN" MEANS AN INDIAN, OTHER THAN THE22
I
NDIAN CHILD'S PARENT, WHO HAS BEEN GRANTED LEGAL CUSTODY OR23
GUARDIANSHIP OF THE INDIAN CHILD PURSUANT TO TRIBAL LAW , TRIBAL24
CUSTOM, OR STATE LAW, OR TO WHOM TEMPORARY PHYSICAL CARE ,25
CUSTODY, AND CONTROL HAS BEEN TRANSFERRED BY THE INDIAN CHILD'S26
PARENT OUTSIDE THE INVOLVEMENT OF A CHILD WELFARE OR CHILD27
HB25-1204
-14- PLACEMENT AGENCY.1
(13) "I
NDIAN ORGANIZATION" MEANS A GROUP, ASSOCIATION,2
PARTNERSHIP, CORPORATION, OR OTHER LEGAL ENTITY OWNED OR3
CONTROLLED BY INDIANS OR WITH A MAJORITY OF INDIAN MEMBERS.4
(14) "I
NDIAN TRIBE" OR "TRIBE" MEANS AN INDIAN TRIBE, CLAN,5
BAND, NATION, OR OTHER ORGANIZED GROUP OR COMMUNITY OF INDIANS6
FEDERALLY RECOGNIZED AS ELIGIBLE FOR THE SERVICES PROVIDED TO7
I
NDIANS BY THE UNITED STATES SECRETARY OF THE INTERIOR BECAUSE8
OF THEIR STATUS AS INDIANS, INCLUDING ANY ALASKA NATIVE VILLAGE9
AS DEFINED IN THE FEDERAL "ALASKA NATIVE CLAIMS SETTLEMENT10
A
CT", 43 U.S.C. SEC. 1602 (c).11
(15) "M
EMBER" OR "MEMBERSHIP" MEANS A DETERMINATION BY12
AN INDIAN TRIBE THROUGH ITS TRIBAL LAW OR TRIBAL CUSTOM THAT AN13
INDIVIDUAL IS A MEMBER OR CITIZEN OF THAT INDIAN TRIBE.14
(16) "P
ARENT" MEANS:15
(a) A
BIOLOGICAL PARENT OF AN INDIAN CHILD, EXCEPT FOR AN16
UNWED FATHER WHOSE PARENTAGE HAS NOT BEEN ACKNOWLEDGED OR17
ESTABLISHED PURSUANT TO SECTION 19-1.2-105, THE "UNIFORM18
P
ARENTAGE ACT", ARTICLE 4 OF THIS TITLE 19, OR TRIBAL LAW;19
(b) A
N INDIVIDUAL WHO HAS LAWFULLY ADOPTED AN INDIAN20
CHILD, INCLUDING AN ADOPTION MADE PURSUANT TO TRIBAL LAW OR21
TRIBAL CUSTOM; OR22
(c) A
PARENT WHOSE PARENTAGE HAS BEEN ACKNOWLEDGED OR23
ESTABLISHED PURSUANT TO SECTION 19-1.2-105, THE "UNIFORM24
P
ARENTAGE ACT", ARTICLE 4 OF THIS TITLE 19, OR TRIBAL LAW.25
(17) "P
ARTY" OR "PARTIES" MEANS A PARTY TO A CHILD CUSTODY26
PROCEEDING.27
HB25-1204
-15- (18) "REASON TO KNOW" MEANS THAT A COURT OR A PETITIONING1
OR FILING PARTY HAS REASON TO KNOW THAT A CHILD IS AN INDIAN2
CHILD, AS DESCRIBED IN SECTION 19-1.2-108.3
(19) "R
ESERVATION" MEANS:4
(a) I
NDIAN COUNTRY, AS DEFINED IN 18 U.S.C. SEC. 1151, AND5
ANY LANDS NOT COVERED PURSUANT TO THAT SECTION AND TITLE THAT6
ARE HELD BY THE UNITED STATES IN TRUST FOR THE BENEFIT OF AN7
I
NDIAN TRIBE OR INDIVIDUAL OR HELD BY AN INDIAN TRIBE OR INDIVIDUAL8
SUBJECT TO A RESTRICTION BY THE UNITED STATES AGAINST ALIENATION;9
OR10
(b) F
OR THE SOUTHERN UTE INDIAN RESERVATION, THOSE LANDS11
INCLUDE ANY LANDS CONFIRMED PURSUANT TO PUB.L. 98-290 AND ANY12
OTHER LAND SUBSEQUENTLY PLACED IN TRUST BY THE UNITED STATES13
FOR THE SOUTHERN UTE INDIAN TRIBE'S BENEFIT.14
(20) "T
ERMINATION OF PARENTAL RIGHTS " INCLUDES THE15
TERMINATION OF PARENTAL RIGHTS PURSUANT TO SECTION 19-3-604 OR16
THE TERMINATION OF PARENTAL RIGHTS RESULTING FROM AN ADOPTION17
PROCEEDING PURSUANT TO SECTION 19-5-101, 19-5-105.5, OR 19-5-105.7.18
(21) "T
RIBAL COURT" MEANS A COURT WITH JURISDICTION OVER19
I
NDIAN CHILD CUSTODY PROCEEDINGS THAT IS EITHER A COURT OF INDIAN20
OFFENSES, A COURT ESTABLISHED AND OPERATED UNDER THE LAW OR21
CUSTOM OF AN INDIAN TRIBE, OR ANY OTHER ADMINISTRATIVE BODY OF22
A TRIBE THAT IS VESTED WITH AUTHORITY OVER INDIAN CHILD CUSTODY23
PROCEEDINGS.24
(22) "T
RIBAL CUSTOMARY ADOPTION " MEANS THE ADOPTION OF25
AN INDIAN CHILD BY AND THR OUGH TRIBAL LAW OR TRIBAL CUSTOM OF26
THE INDIAN CHILD'S TRIBE AND THAT MAY BE EFFECTED WITHOUT THE27
HB25-1204
-16- TERMINATION OF PARENTAL RIGHTS .1
19-1.2-104. Applicability - incorporation of federal law.2
(1) U
NLESS EXPLICITLY STATED OTHERWISE IN THIS ARTICLE 1.2, ALL3
PROVISIONS OF THIS ARTICLE 1.2 APPLY TO ALL CHILD CUSTODY4
PROCEEDINGS; ANY MATTER BROUGHT PURSUANT TO THE "UNIFORM5
D
ISSOLUTION OF MARRIAGE ACT", ARTICLE 10 OF TITLE 14; THE6
"C
OLORADO PROBATE CODE", ARTICLES 10 TO 17 OF TITLE 15; ALL OTHER7
PRIVATE MATTERS THAT MEET THE DEFINITION OF A CHILD CUSTODY8
PROCEEDING; AND THE "COLORADO CHILDREN'S CODE", THIS TITLE 19.9
(2) I
N A CASE FILED PURSUANT TO THIS ARTICLE 1.2 THAT10
CONSTITUTES A CHILD CUSTODY PROCEEDING , THE COURT AND EACH11
PARTY TO THE PROCEEDING SHALL ALSO COMPLY WITH THE FEDERAL12
IMPLEMENTING REGULATIONS OF THE FEDERAL "INDIAN CHILD WELFARE13
A
CT OF 1978" THAT OUTLINE THE MINIMUM FEDERAL STANDARDS14
GOVERNING ICWA'S IMPLEMENTATION TO ENSURE THAT ICWA IS APPLIED15
IN COLORADO CONSISTENT WITH THE ICWA'S EXPRESS LANGUAGE ,16
CONGRESS'S INTENT IN ENACTING ICWA, AND TO PROMOTE THE STABILITY17
AND SECURITY OF INDIAN CHILDREN, TRIBES, AND FAMILIES.18
(3) A
LL PROVISIONS OF THE FEDERAL "INDIAN CHILD WELFARE19
A
CT OF 1978" ARE INCORPORATED INTO THIS ARTICLE 1.2, EVEN IF NOT20
SPECIFICALLY REFERENCED. THIS ARTICLE 1.2 MAY PROVIDE ADDITIONAL21
PROTECTIONS BEYOND THOSE REQUIRED BY THE FEDERAL ICWA, IN22
WHICH CASE THE PROVISIONS OF THIS ARTICLE 1.2 APPLY.23
19-1.2-105. Parentage of an Indian child - acknowledged or24
established - applicability of article. (1) P
ARENTAGE OF AN INDIAN25
CHILD IS ACKNOWLEDGED OR ESTABLISHED FOR PURPOSES OF THIS26
ARTICLE 1.2 IF THE INDIVIDUAL'S PARENTAGE HAS BEEN:27
HB25-1204
-17- (a) ESTABLISHED PURSUANT TO ARTICLE 4 OF THIS TITLE 19;1
(b) E
STABLISHED PURSUANT TO TRIBAL LAW ; OR2
(c) R
ECOGNIZED IN ACCORDANCE WITH TRIBAL CUSTOM .3
(2) (a) F
OR PURPOSES OF DETERMINING THE BIOLOGICAL PARENT4
OF AN INDIAN CHILD, A COURT MAY ORDER GENETIC TESTS PURSUANT TO5
SECTION 19-4-112 OR 13-25-126.6
(b) I
F AN INDIVIDUAL FAILS TO COMPLY WITH THE COURT 'S ORDER7
FOR GENETIC TESTS WITHIN A REASONABLE AMOUNT OF TIME , THE COURT8
MAY ISSUE A SUBPOENA PURSUANT TO SECTION 19-4-112 OR ISSUE AN9
ORDER TO COMPEL THE INDIVIDUAL TO APPEAR FOR GENETIC TESTS .10
(c) I
F THE GENETIC TESTS ORDERED PURSUANT TO THIS11
SUBSECTION (2) DO NOT CONFIRM THAT AN INDIVIDUAL IS THE BIOLOGICAL12
PARENT OF THE CHILD AS PROVIDED IN SECTION 19-4-105 (1)(f), OR IF THE13
INDIVIDUAL HAS REFUSED TO CONSENT TO THE GENETIC TESTS , THE14
INDIVIDUAL IS NOT ESTABLISHED AS THE CHILD'S BIOLOGICAL PARENT.15
(3) T
HIS ARTICLE 1.2 APPLIES IN ITS ENTIRETY IF AN INDIVIDUAL IS16
DETERMINED TO BE A PARENT OF AN INDIAN CHILD.17
19-1.2-106. Best interests of an Indian child - factors to18
consider. (1) I
N A CHILD CUSTODY PROCEEDING INVOLVING AN INDIAN19
CHILD, WHEN MAKING A DETERMINATION REGARDING THE BEST INTERESTS20
OF THE INDIAN CHILD, THE COURT SHALL, IN CONSULTATION WITH THE21
I
NDIAN CHILD'S TRIBE AND TRIBAL COMMUNITY , CONSIDER THE22
FOLLOWING:23
(a) T
HE INDIAN CHILD'S MENTAL, PHYSICAL, AND EMOTIONAL24
NEEDS, INCLUDING THE INDIAN CHILD'S PREFERENCES;25
(b) T
HE PREVENTION OF UNNECESSARY OUT -OF-HOME PLACEMENT26
OF THE INDIAN CHILD;27
HB25-1204
-18- (c) THE PRIORITIZATION OF PLACEMENT OF THE INDIAN CHILD IN1
ACCORDANCE WITH THE PLACEMENT PREFERENCES SET FORTH IN SECTION2
19-1.2-120;3
(d) T
HE VALUE TO THE INDIAN CHILD OF ESTABLISHING ,4
DEVELOPING, OR MAINTAINING A POLITICAL, CULTURAL, SOCIAL, AND5
SPIRITUAL RELATIONSHIP WITH THE INDIAN CHILD'S TRIBE AND TRIBAL6
COMMUNITY; AND7
(e) T
HE IMPORTANCE TO THE INDIAN CHILD OF THE INDIAN TRIBE'S8
OR TRIBAL COMMUNITY'S ABILITY TO MAINTAIN THE TRIBE'S OR TRIBAL9
COMMUNITY'S EXISTENCE AND INTEGRITY FOR THE STABILITY AND10
SECURITY OF INDIAN CHILDREN AND FAMILIES.11
19-1.2-107. Enrollment of an Indian child with a tribe.12
(1) U
NLESS AN INDIAN CHILD'S PARENT OBJECTS, THE PETITIONING OR13
FILING PARTY OR THE INDIAN TRIBE SHALL ASSIST IN ENROLLING AN14
I
NDIAN CHILD WHO IS IN THE COURT 'S JURISDICTION IN A TRIBE WITH15
WHICH THE CHILD IS ELIGIBLE FOR ENROLLMENT . IF THE INDIAN CHILD IS16
ELIGIBLE TO BE ENROLLED IN MORE THAN ONE TRIBE , THE COURT SHALL17
DETERMINE MEMBERSHIP PURSUANT TO SECTION 19-1.2-108.18
(2)
IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION, WHEN19
THE PETITIONING OR FILING PARTY, INCLUDING A COUNTY DEPARTMENT OR20
A CHILD PLACEMENT AGENCY , HAS REASON TO KNOW THAT THE CHILD IS21
AN INDIAN CHILD, THE PETITIONING OR FILING PARTY SHALL , AT A22
MINIMUM, CONTACT IN WRITING OR ORALLY ON THE RECORD THE23
RELEVANT TRIBE OR TRIBES WITH WHICH THE CHILD MAY BE ELIGIBLE FOR24
ENROLLMENT TO DETERMINE IF THE CHILD IS IN FACT ELIGIBLE FOR25
ENROLLMENT. THE NOTIFICATION TO THE RELEVANT TRIBE OR TRIBES MAY26
BE DONE IN CONJUNCTION WITH THE NOTICE REQUIREMENTS SET FORTH IN27
HB25-1204
-19- SECTION 19-1.2-108 (1)(b).1
(3) I
N A CHILD CUSTODY PROCEEDING, WHEN THE PETITIONING OR2
FILING PARTY HAS REASON TO KNOW THAT THE CHILD IS AN INDIAN CHILD3
AND THAT THE INDIAN CHILD IS ELIGIBLE FOR ENROLLMENT IN A TRIBE ,4
SUCH AS IF A PARENT CLAIMS TRIBAL AFFILIATION , THE PETITIONING OR5
FILING PARTY SHALL NOTIFY THE INDIAN CHILD AND THE INDIAN CHILD'S6
PARENT OF THE PARENT'S RIGHT TO OBJECT TO THE PETITIONING OR FILING7
PARTY'S ASSISTANCE PURSUANT TO SUBSECTION (1) OF THIS SECTION.8
19-1.2-108. Initial disclosures - inquiry and determination -9
form of inquiry - due diligence - Indian child's tribe - written10
findings. (1) Initial disclosures. T
HE PETITIONING OR FILING PARTY11
SHALL DISCLOSE IN THE COMPLAINT, PETITION, OR OTHER COMMENCING12
PLEADING FILED WITH THE COURT THAT THE CHILD WHO IS THE SUBJECT OF13
THE CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD AND THE IDENTITY14
OF THE INDIAN CHILD'S TRIBE OR TRIBES, OR EFFORTS THE PETITIONING OR15
FILING PARTY HAS MADE IN DETERMINING WHETHER THE CHILD IS AN16
I
NDIAN CHILD, INCLUDING, BUT NOT LIMITED TO:17
(a) I
F THE PETITIONING OR FILING PARTY INDICATES IN THE18
COMPLAINT, PETITION, OR OTHER COMMENCING PLEADING THAT THE CHILD19
WHO IS THE SUBJECT OF THE CHILD CUSTODY PROCEEDING IS AN INDIAN20
CHILD, THE PETITIONING OR FILING PARTY SHALL FURTHER IDENTIFY WHAT21
REASONABLE EFFORTS HAVE BEEN MADE TO SEND NOTICE TO THE22
INDIVIDUALS IDENTIFIED IN SUBSECTION (3)(d) OF THIS SECTION;23
(b) T
HE POSTAL RECEIPTS OR COPIES OF POSTAL RECEIPTS FROM24
THE NOTICE SENT PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION25
INDICATING THAT THE NOTICE WAS PROPERLY SENT BY THE PETITIONING26
OR FILING PARTY TO THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN27
HB25-1204
-20- AND TO THE INDIAN CHILD'S TRIBE OR TRIBES. THE POSTAL RECEIPTS MUST1
BE ATTACHED TO THE COMPLAINT , PETITION, OR OTHER COMMENCING2
PLEADING FILED WITH THE COURT ; EXCEPT THAT, IF NOTIFICATION HAS3
NOT BEEN PERFECTED AT THE TIME THE INITIAL COMPLAINT , PETITION, OR4
OTHER COMMENCING PLEADING IS FILED WITH THE COURT , OR IF THE5
POSTAL RECEIPTS HAVE NOT BEEN RECEIVED BACK FROM THE POST OFFICE ,6
THE PETITIONING OR FILING PARTY SHALL FILE THE POSTAL RECEIPTS WITH7
THE COURT UPON RECEIPT OF THE POSTAL RECEIPTS .8
(c) A
NY RESPONSES SENT BY A TRIBAL AGENT TO THE PETITIONING9
OR FILING PARTY, A COUNTY DEPARTMENT , OR THE COURT, WHICH10
RESPONSES MUST BE DISTRIBUTED TO THE PARTIES AND FILED WITH THE11
COURT.12
(2) Indian child inquiry and determination. A
T THE13
COMMENCEMENT OF EACH CHILD CUSTODY PROCEEDING , THE COURT14
SHALL MAKE INQUIRIES TO DETERMINE WHETHER THE CHILD WHO IS THE15
SUBJECT OF THE PROCEEDING IS AN INDIAN CHILD. IN DETERMINING16
WHETHER THE CHILD IS AN INDIAN CHILD:17
(a) T
HE COURT SHALL ASK EACH PARTICIPANT IN AN EMERGENCY ,18
VOLUNTARY, OR INVOLUNTARY CHILD CUSTODY PROCEEDING WHETHER19
THE PARTICIPANT KNOWS OR HAS REASON TO KNOW THAT THE CHILD IS AN20
I
NDIAN CHILD OR WHETHER THE PARTICIPANT HAS INFORMATION THAT IS21
RELEVANT TO DETERMINING WHETHER THE CHILD IS AN INDIAN CHILD.22
A
NY RESPONSE TO THE INQUIRY MUST BE MADE ON THE RECORD . THE23
COURT SHALL INSTRUCT THE PARTICIPANTS TO INFORM THE COURT IF A24
PARTICIPANT SUBSEQUENTLY RECEIVES INFORMATION THAT PROVIDES25
REASON TO KNOW THE CHILD IS AN INDIAN CHILD.26
(b) N
O LATER THAN THE FIRST APPEARANCE AFTER AN EXPEDITED27
HB25-1204
-21- HEARING HELD PURSUANT TO SECTION 19-3-217 OR 19-3-403, EACH PARTY1
TO THE CHILD CUSTODY PROCEEDING SHALL DISCLOSE TO THE COURT AND2
THE PETITIONING AND FILING PARTIES INFORMATION INDICATING THAT THE3
CHILD IS AN INDIAN CHILD, INCLUDING, BUT NOT LIMITED TO, PROVIDING4
AN IDENTIFICATION CARD INDICATING THE CHILD 'S MEMBERSHIP IN A5
TRIBE. THE COURT SHALL ORDER THE PARTIES TO PROVIDE INFORMATION6
LEARNED THEREAFTER TO THE COURT AND ALL PARTIES NO LATER THAN7
SEVEN DAYS AFTER RECEIVING THE RELEVANT INFORMATION OR PRIOR TO8
THE NEXT HEARING ON THE MATTER , WHICHEVER OCCURS FIRST.9
(3) Form of inquiry. (a) A
T THE COMMENCEMENT OF THE CHILD10
CUSTODY PROCEEDING, THE PETITIONING OR FILING PARTY SHALL MAKE A11
RECORD, EITHER IN WRITING OR ORALLY IN OPEN COURT ON THE RECORD ,12
OF THE PARTY'S GOOD FAITH EFFORTS TO DETERMINE WHETHER THE CHILD13
IS AN INDIAN CHILD, INCLUDING, AT A MINIMUM, INQUIRIES MADE BY14
CONSULTING WITH:15
(I) T
HE CHILD, DIRECTLY OR THROUGH THE CHILD 'S16
REPRESENTATIVE;17
(II) T
HE CHILD'S PARENT OR PARENTS;18
(III) A
N INDIVIDUAL HAVING CUSTODY OF THE CHILD OR WITH19
WHOM THE CHILD RESIDES;20
(IV) T
HE CHILD'S EXTENDED FAMILY MEMBERS ;21
(V) A
NY OTHER INDIVIDUAL WHO MAY REASONABLY BE EXPECTED22
TO HAVE INFORMATION REGARDING THE CHILD 'S MEMBERSHIP OR23
ELIGIBILITY FOR MEMBERSHIP IN AN INDIAN TRIBE; AND24
(VI) A
N INDIAN TRIBE WHEN INFORMATION FROM INQUIRIES MADE25
PURSUANT TO SUBSECTIONS (3)(a)(I) TO (3)(a)(V) OF THIS SECTION26
INDICATE THAT THERE IS A REASONABLE LIKELIH OOD THAT THE INDIAN27
HB25-1204
-22- TRIBE MAY PROVIDE ADDITIONAL INFORMATION REGARDING WHETHER THE1
CHILD IS A MEMBER OF THAT TRIBE OR WHETHER THE CHILD MAY BE2
ELIGIBLE FOR MEMBERSHIP IN THAT TRIBE.3
(b) T
HE COURT, UPON REVIEWING THE RECORD OF INQUIRIES MADE4
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION, HAS REASON TO KNOW5
THAT A CHILD IS AN INDIAN CHILD IF:6
(I) A
PARTICIPANT IN THE CHILD CUSTODY PROCEEDING , AN7
OFFICER OF THE COURT INVOLVED IN THE CHILD CUSTODY PROCEEDING , AN8
I
NDIAN TRIBE, AN INDIAN ORGANIZATION, OR AN AGENCY INFORMS THE9
COURT THAT THE CHILD IS AN INDIAN CHILD;10
(II) A
PARTICIPANT IN THE CHILD CUSTODY PROCEEDING , AN11
OFFICER OF THE COURT INVOLVED IN THE CHILD CUSTODY PROCEEDING , AN12
I
NDIAN TRIBE, AN INDIAN ORGANIZATION, OR AN AGENCY INFORMS THE13
COURT THAT IT HAS DISCOVERED INFORMATION INDICATING THAT THE14
CHILD IS AN INDIAN CHILD;15
(III) T
HE CHILD WHO IS THE SUBJECT OF THE CHILD CUSTODY16
PROCEEDING GIVES THE COURT REASON TO KNOW THAT THE CHILD IS AN17
I
NDIAN CHILD;18
(IV) T
HE COURT IS INFORMED THAT THE DOMICILE OR RESIDENCE19
OF THE CHILD, THE CHILD'S PARENT, OR THE CHILD'S INDIAN CUSTODIAN IS20
OR WAS ON A RESERVATION OF A FEDERALLY RECOGNIZED INDIAN TRIBE21
OR IN AN ALASKA NATIVE VILLAGE;22
(V) T
HE COURT IS INFORMED THAT THE CHILD IS OR HAS BEEN A23
WARD OF A TRIBAL COURT, AS DEFINED IN 25 U.S.C. SEC. 1903;24
(VI) T
HE COURT IS INFORMED THAT THE CHILD OR THE CHILD 'S25
PARENT POSSESSES AN IDENTIFICATION CARD OR OTHER SUFFICIENT26
DOCUMENTATION INDICATING MEMBERSHIP IN AN INDIAN TRIBE;27
HB25-1204
-23- (VII) THE COURT IS INFORMED THAT THE PARENT OR CHILD1
RECEIVED HEALTH SERVICES FROM AN INDIAN HEALTH SERVICE OR TRIBAL2
HEALTH FACILITY;3
(VIII) T
HE COURT OR THE PETITIONING OR FILING PARTY RECEIVES4
ANY OTHER REASONABLY CREDIBLE INFORMATION , REGARDLESS OF5
ADMISSIBILITY, THAT A PARENT OR THE CHILD HAS AN IDENTIFIABLE6
CONNECTION WITH A SPECIFIC FEDERALLY RECOGNIZED TRIBE OR TRIBES7
BEYOND A GENERALIZED ASSERTION OF HERITAGE ;8
(IX) T
HE COURT IS INFORMED THAT THERE ARE SCHOOL RECORDS9
INDICATING THAT THE CHILD IS AN ENROLLED MEMBER OF AN INDIAN10
TRIBE; OR11
(X) A
FTER PERFORMING DUE DILIGENCE PURSUANT TO SUBSECTION12
(4)
OF THIS SECTION, INFORMATION IS PRESENTED TO THE COURT THAT13
SUBSECTIONS (3)(b)(I) TO (3)(b)(IX) OF THIS SECTION APPLY OR THAT THE14
CHILD IS AN INDIAN CHILD.15
(c) T
HE COURT SHALL MAKE SPECIFIC FINDINGS, EITHER IN WRITING16
OR ORALLY ON THE RECORD, REGARDING ITS REASON TO KNOW THAT THE17
CHILD IS AN INDIAN CHILD.18
(d) I
F THE COURT KNOWS, OR HAS REASON TO KNOW AS DESCRIBED19
IN SUBSECTION (3)(b) OF THIS SECTION, THAT THE CHILD WHO IS THE20
SUBJECT OF THE CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD, THE21
PETITIONING OR FILING PARTY SHALL SEND NOTICE BY REGISTERED OR22
CERTIFIED MAIL, RETURN RECEIPT REQUESTED , TO THE PARENT OF THE23
CHILD, THE CHILD'S INDIAN CUSTODIAN, AND THE TRIBAL AGENT OF THE24
I
NDIAN CHILD'S TRIBE OR TRIBES, OR, IF THERE IS NOT A DESIGNATED25
TRIBAL AGENT, THE PETITIONING OR FILING PARTY SHALL CONTACT THE26
I
NDIAN TRIBE FOR DIRECTION TO THE APPROPRIATE OFFICE OR INDIVIDUAL .27
HB25-1204
-24- IN PROVIDING THE NOTICE, THE COURT AND EACH PARTY SHALL COMPLY1
WITH THE FEDERAL ICWA AND THIS ARTICLE 1.2.2
(4) (a) Due diligence. I
F THE COURT RECEIVES INFORMATION THAT3
THE CHILD MAY HAVE INDIAN HERITAGE BUT THE COURT LACKS4
SUFFICIENT INFORMATION TO DETERMINE THAT THERE IS REASON TO KNOW5
THAT THE CHILD IS AN INDIAN CHILD PURSUANT TO SUBSECTION (3) OF6
THIS SECTION, THE COURT SHALL DIRECT THE PETITIONING OR FILING7
PARTY TO EXERCISE DUE DILIGENCE IN GATHERING ADDITIONAL8
INFORMATION PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION, ENSURE9
THAT THE DUE DILIGENCE REQUIREMENTS ARE FOLLOWED , AND ENSURE10
THAT ALL INFORMATION KNOWN TO THE PARTIES IS DISCLOSED IN WRITING11
OR ORALLY ON THE RECORD. THE COURT SHALL DIRECT THE PETITIONING12
OR FILING PARTY TO MAKE A RECORD, EITHER IN WRITING OR ORALLY ON13
THE RECORD, OF THE DUE DILIGENCE EFFORTS TAKEN TO DETERMINE14
WHETHER THERE IS REASON TO KNOW THAT THE CHILD IS AN INDIAN15
CHILD.16
(b) I
N PERFORMING DUE DILIGENCE, THE PETITIONING OR FILING17
PARTY SHALL, AT A MINIMUM:18
(I) A
SK EACH PARTY, INCLUDING THE CHILD DIRECTLY OR19
THROUGH THE CHILD'S REPRESENTATIVE, WHAT INFORMATION THE PARTY20
HAS REGARDING THE CHILD'S INDIAN HERITAGE, IF ANY;21
(II) A
SK OR EARNESTLY ATTEMPT TO ASK EACH PARENT WHAT22
INFORMATION THE PARENT HAS REGARDING THE CHILD 'S INDIAN23
HERITAGE, IF ANY; WHERE AND HOW THE PARENT RECEIVED THE24
INFORMATION; AND WHAT, IF ANY, OTHER INFORMATION SOURCES THE25
PARENT BELIEVES MAY HAVE ADDITIONAL INFORMATION REGARDING THE26
CHILD'S INDIAN HERITAGE, IF ANY, INCLUDING OTHER RELATIVES AND27
HB25-1204
-25- THEIR CONTACT INFORMATION , IF KNOWN OR REASONABLY OBTAINED ;1
(III) C
ONDUCT SEARCHES FOR FAMILY AND DOCUMENT -IDENTIFIED2
FAMILY RELATIVES OR KIN WHO MAY HAVE INFORMATION REGARDING THE3
CHILD'S INDIAN HERITAGE, IF ANY;4
(IV) A
SK OR ATTEMPT TO ASK IDENTIFIED FAMILY RELATIVES OR5
KIN FOR INFORMATION THE RELATIVES OR KIN HAVE REGARDING THE6
CHILD'S INDIAN HERITAGE, IF ANY, AND WHERE AND HOW THE RELATIVES7
OR KIN RECEIVED THAT INFORMATION ;8
(V) R
EVIEW COURT AND AGENCY RECORDS IDENTIFIED BY THE9
PARENTS AND PROVIDED TO THE PETITIONER OR FILING PARTY , OR TO10
WHICH THE PETITIONER OR FILING PARTY HAS PREVIOUSLY BEEN GRANTED11
ACCESS THROUGH THE STATE AUTOMATED CHILD WELFARE SYSTEM OR12
THE ICON SYSTEM AT THE STATE JUDICIAL DEPARTMENT , FOR ALL CHILD13
CUSTODY PROCEEDINGS RELATED TO THE CHILD AND PARENTS FOR14
INFORMATION REGARDING THE CHILD 'S INDIAN HERITAGE, IF ANY;15
(VI) C
ONTACT THE TRIBAL REPRESENTATIVE OR REPRESENTATIVES16
BY EMAIL, PHONE CALL, LETTER, OR ANY OTHER MEANS AGREED TO BY THE17
PARTIES REGARDING WHETHER THE CHILD MAY BE ELIGIBLE FOR TRIBAL18
MEMBERSHIP WHEN INFORMED THAT A PARENT , CHILD, OR SPECIFIC19
EXTENDED FAMILY MEMBER HAS A POTENTIAL CONNECTION WITH A20
FEDERALLY RECOGNIZED TRIBE OR TRIBES ; AND21
(VII) I
F A KNOWN CONNECTION HAS NOT BEEN IDENTIFIED22
PURSUANT TO THIS SUBSECTION (4)(b) BUT THE COURT OR PETITIONING OR23
FILING PARTY RECEIVES A REASONABLY CREDIBLE ASSERTION OF THE24
CHILD'S INDIAN HERITAGE WITHOUT IDENTIFICATION OF A SPECIFIC TRIBE25
OR TRIBES BUT NARROWED TO A REGION OF THE UNITED STATES, ASK ALL26
RELEVANT TRIBES IN THAT IDENTIFIED REGION OR THE RELEVANT BUREAU27
HB25-1204
-26- OF INDIAN AFFAIRS OFFICE IF THE RELEVANT TRIBES OR BUREAU HAVE1
INFORMATION RELEVANT TO THE DETERMINATION THAT THE CHILD IS AN2
I
NDIAN CHILD.3
(5) (a) Indian child's tribe. I
F THE CHILD IS AN INDIAN CHILD, THE4
I
NDIAN CHILD'S TRIBE IS:5
(I) T
HE TRIBE OF WHICH THE INDIAN CHILD IS A MEMBER OR6
ELIGIBLE FOR MEMBERSHIP IF THE INDIAN CHILD IS A MEMBER OF OR IS7
ELIGIBLE FOR MEMBERSHIP IN ONLY ONE TRIBE ;8
(II) T
HE TRIBE OF WHICH THE INDIAN CHILD IS A MEMBER IF THE9
I
NDIAN CHILD IS A MEMBER OF ONE TRIBE BUT IS ELIGIBLE FOR10
MEMBERSHIP IN ONE OR MORE OTHER TRIBES ; OR11
(III) I
F THE INDIAN CHILD IS A MEMBER OF MORE THAN ONE TRIBE12
OR IF THE INDIAN CHILD IS NOT A MEMBER OF ANY TRIBE BUT IS ELIGIBLE13
FOR MEMBERSHIP IN MORE THAN ONE TRIBE :14
(A) T
HE TRIBE DESIGNATED BY AN AGREEMENT BETWEEN THE15
TRIBES OF WHICH THE INDIAN CHILD IS A MEMBER OR IN WHICH THE INDIAN16
CHILD IS ELIGIBLE FOR MEMBERSHIP; OR17
(B) I
F THE TRIBES ARE UNABLE TO AGREE ON THE DESIGNATION OF18
THE INDIAN CHILD'S TRIBE, THE TRIBE DESIGNATED BY THE COURT. 19
(b) W
HEN DESIGNATING AN INDIAN CHILD'S TRIBE PURSUANT TO20
SUBSECTION (5)(a)(III)(A) OF THIS SECTION, THE COURT SHALL, AFTER A21
HEARING, DESIGNATE THE TRIBE WITH WHICH THE INDIAN CHILD HAS THE22
MORE SIGNIFICANT CONTACTS, TAKING INTO CONSIDERATION:23
(I) T
HE PREFERENCE OF THE INDIAN CHILD'S PARENT;24
(II) T
HE DURATION OF THE INDIAN CHILD'S RESIDENCY AT THEIR25
CURRENT OR PRIOR DOMICILE OR RESIDENCE ON OR NEAR THE26
RESERVATION OF EACH TRIBE;27
HB25-1204
-27- (III) THE TRIBAL MEMBERSHIP OF THE INDIAN CHILD'S PARENT OR1
I
NDIAN CUSTODIAN;2
(IV) T
HE INTERESTS ASSERTED BY EACH TRIBE;3
(V) W
HETHER A TRIBE HAS PREVIOUSLY ADJUDICATED A CASE4
INVOLVING THE INDIAN CHILD; AND5
(VI) T
HE SELF-IDENTIFICATION OF THE INDIAN CHILD IF THE COURT6
DETERMINES THAT THE INDIAN CHILD IS OF SUFFICIENT AGE AND CAPACITY7
TO MEANINGFULLY SELF-IDENTIFY.8
(6) Written findings. T
HE COURT SHALL MAKE WRITTEN FINDINGS9
DETERMINING WHETHER THE PETITIONING OR FILING PARTY :10
(a) S
ATISFIED ITS INQUIRY AND DUE DILIGENCE REQUIREMENTS11
CONCERNING WHETHER THE CHILD IS AN INDIAN CHILD OR WHETHER12
THERE IS REASON TO KNOW THAT THE CHILD IS AN INDIAN CHILD;13
(b) V
ERIFIED WHETHER THE CHILD IS IN FACT A MEMBER OF A14
TRIBE, OR A BIOLOGICAL PARENT OF THE CHILD IS A MEMBER OF A TRIBE ,15
AND THE CHILD IS ELIGIBLE FOR MEMBERSHIP;16
(c) D
OCUMENTED ALL CONTACT WITH :17
(I) T
HE RESPECTIVE TRIBE OR TRIBES . THIS CONTACT MUST18
INCLUDE AT LEAST TWO CONTACTS OR GOOD FAITH ATTEMPTS TO19
CONTACT THE TRIBE OR TRIBES WITHIN SEVENTY DAYS AFTER THE20
FINDING, UNLESS THE TRIBE OR TRIBES PROVIDED WRITTEN21
DOCUMENTATION INDICATING MEMBERSHIP , ELIGIBILITY, OR INELIGIBILITY22
OF THE CHILD.23
(II) T
HE BUREAU OF INDIAN AFFAIRS TO SEEK ASSISTANCE WITH24
CONTACTING THE TRIBE OR TRIBES, IF GOOD FAITH ATTEMPTS TO CONTACT25
THE TRIBE OR TRIBES HAVE BEEN UNSUCCESSFUL ; AND26
(d) T
REATED THE CHILD AS AN INDIAN CHILD, UNLESS AND UNTIL27
HB25-1204
-28- IT IS DETERMINED ON THE RECORD THAT THE CHILD DOES NOT MEET THE1
DEFINITION OF AN INDIAN CHILD.2
19-1.2-109. Formal notice - language, accessibility, and content3
requirements. (1) N
OTICES REQUIRED BY THIS ARTICLE 1.2 MUST BE4
PROVIDED IN CLEAR, ACCESSIBLE, AND UNDERSTANDABLE L ANGUAGE AND5
INCLUDE THE FOLLOWING INFORMATION :6
(a) T
HE INDIAN CHILD'S NAME, DATE OF BIRTH, AND PLACE OF7
BIRTH;8
(b) T
O THE EXTENT KNOWN , ALL NAMES, INCLUDING MAIDEN,9
MARRIED, AND FORMER NAMES OR ALIASES OF THE INDIAN CHILD'S10
PARENTS, THE PARENTS' BIRTHPLACES, AND THE PARENTS ' TRIBAL11
ENROLLMENT INFORMATION ;12
(c) T
O THE EXTENT KNOWN, THE NAMES, DATES OF BIRTH, PLACES13
OF BIRTH, AND TRIBAL ENROLLMENT INFORMATION OF OTHER DIRECT14
LINEAL ANCESTORS OF THE INDIAN CHILD;15
(d) T
HE NAME OF EACH INDIAN TRIBE OF WHICH THE INDIAN CHILD16
IS A MEMBER OR IN WHICH THE INDIAN CHILD MAY BE ELIGIBLE FOR17
MEMBERSHIP;18
(e) T
O THE EXTENT KNOWN, INFORMATION REGARDING THE INDIAN19
CHILD'S DIRECT LINEAL ANCESTORS, AN ANCESTRAL CHART FOR EACH20
BIOLOGICAL PARENT, AND THE INDIAN CHILD'S TRIBAL AFFILIATION AND21
BLOOD QUANTUM;22
(f) A
COPY OF THE PETITION OR MOTION INITIATING THE23
PROCEEDING AND, IF A HEARING HAS BEEN SCHEDULED, INFORMATION ON24
THE DATE, TIME, AND LOCATION OF THE HEARING;25
(g) T
HE NAME OF THE PETITIONING OR FILING PARTY AND THE26
NAME AND ADDRESS OF THE PARTY 'S ATTORNEY;27
HB25-1204
-29- (h) A STATEMENT THAT THE INDIAN CHILD'S PARENT OR INDIAN1
CUSTODIAN HAS THE RIGHT TO PARTICIPATE IN THE PROCEEDING2
PURSUANT TO SECTION 19-1.2-113;3
(i) A
STATEMENT THAT THE INDIAN CHILD'S TRIBE HAS THE RIGHT4
TO INTERVENE OR PARTICIPATE IN THE PROCEEDING AS A PARTY OR IN AN5
ADVISORY CAPACITY PURSUANT TO SECTION 19-1.2-113;6
(j) A
STATEMENT THAT IF THE COURT DETERMINES THAT THE7
I
NDIAN CHILD'S PARENT OR INDIAN CUSTODIAN IS UNABLE TO AFFORD8
COUNSEL, THE PARENT OR INDIAN CUSTODIAN HAS THE RIGHT TO9
COURT-APPOINTED COUNSEL;10
(k) A
STATEMENT THAT THE INDIAN CHILD'S PARENT, INDIAN11
CUSTODIAN, OR TRIBE HAS THE RIGHT, UPON REQUEST, TO UP TO TWENTY12
ADDITIONAL DAYS TO PREPARE FOR THE PROCEEDING ;13
(l) A
STATEMENT THAT THE INDIAN CHILD'S PARENT, INDIAN14
CUSTODIAN, OR TRIBE HAS THE RIGHT TO PETITION THE COURT TO15
TRANSFER THE CHILD CUSTODY PROCEEDING TO THE TRIBAL COURT ;16
(m) A
STATEMENT DESCRIBING THE POTENTIAL LEGAL17
CONSEQUENCES OF THE PROCEEDING ON FUTURE PARENTAL AND18
CUSTODIAL RIGHTS OF THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN;19
(n) T
HE MAILING ADDRESS AND TELEPHONE NUMBERS OF THE20
COURT AND CONTACT INFORMATION FOR ALL PARTIES TO THE PROCEEDING21
AND THE INDIVIDUALS NOTIFIED PURSUANT TO THIS SECTION ; AND22
(o) A
STATEMENT THAT THE INFORMATION CONTAINED IN THE23
NOTICE IS CONFIDENTIAL AND MUST NOT BE SHARED WITH ANY INDIVI DUAL24
WHO DOES NOT NEED THE INFORMATION TO EXERCISE RIGHTS PURSUANT25
TO THIS ARTICLE 1.2.26
(2) I
F THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN HAS27
HB25-1204
-30- LIMITED ENGLISH PROFICIENCY AND MAY NOT UNDERSTAND THE1
CONTENTS OF THE NOTICE PROVIDED PURSUANT TO THIS SECTION , THE2
COURT SHALL PROVIDE LANGUAGE ACCESS SERVICES AS REQUIRED BY3
T
ITLE VI OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC.4
2000e
ET SEQ., AND OTHER APPLICABLE FEDERAL AND STATE LAWS . IF THE5
COURT IS UNABLE TO SECURE TRANSLATION OR INTERPRETATION SUPPORT ,6
THE COURT SHALL CONTACT OR DIRECT A PARTY TO CONTACT THE INDIAN7
CHILD'S TRIBE OR THE LOCAL OFFICE OF THE FEDERAL BUREAU OF INDIAN8
AFFAIRS FOR ASSISTANCE IDENTIFYING A QUALIFIED TRANSLATOR OR9
INTERPRETER.10
(3) (a) A
HEARING THAT REQUIRES NOTICE PURSUANT TO THIS11
SECTION MUST NOT BE HELD UNTIL AT LEAST TEN DAYS AFTER THE LATEST12
RECEIPT OF THE NOTICE BY THE INDIAN CHILD'S PARENT, INDIAN13
CUSTODIAN, TRIBE, OR, IF APPLICABLE, THE FEDERAL BUREAU OF INDIAN14
AFFAIRS. UPON REQUEST, THE COURT SHALL GRANT THE INDIAN CHILD'S15
PARENT, INDIAN CUSTODIAN, OR TRIBE UP TO TWENTY-ONE ADDITIONAL16
DAYS AFTER THE DATE UPON WHICH NOTICE WAS RECEIVED BY THE INDIAN17
CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE TO PREPARE FOR18
PARTICIPATION IN THE HEARING.19
(b) T
HIS SUBSECTION (3) DOES NOT PREVENT A COURT, DURING AN20
EMERGENCY PROCEEDING BEFORE THE EXPIRATION OF THE WAITING21
PERIOD DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, FROM22
REVIEWING THE REMOVAL OF AN INDIAN CHILD FROM THE INDIAN CHILD'S23
PARENT OR INDIAN CUSTODIAN TO DETERMINE WHETHER THE REMOVAL OR24
PLACEMENT IS NO LONGER NECESSARY TO PREVENT IMMINENT PHYSICAL25
HARM OR DANGER TO THE INDIAN CHILD.26
19-1.2-110. Emergency proceeding - emergency removal -27
HB25-1204
-31- termination of emergency - duration. (1) I F AN INDIVIDUAL OR AGENCY1
TAKES A CHILD INTO PROTECTIVE CUSTODY , THE INDIVIDUAL OR AGENCY2
SHALL, AT THE COMMENCEMENT OF THE EMERGENCY PROCEEDING , MAKE3
A GOOD FAITH EFFORT TO:4
(a) D
ETERMINE WHETHER THE INDIVIDUAL OR AGENCY HAS5
REASON TO KNOW THAT THE CHILD IS AN INDIAN CHILD PURSUANT TO6
SECTION 19-1.2-108 (3); AND7
(b) C
ONTACT BY TELEPHONE, EMAIL, FACSIMILE, OR OTHER MEANS8
OF IMMEDIATE COMMUNICATION ANY TRIBE OF WHICH THE CHILD IS OR9
MAY BE A MEMBER OR ELIGIBLE FOR MEMBERSHIP TO DETERMINE THE10
CHILD'S TRIBAL AFFILIATION. NOTIFICATION MUST INCLUDE THE BASIS FOR11
THE CHILD'S REMOVAL; THE TIME, DATE, AND PLACE OF THE INITIAL12
HEARING; AND A STATEMENT THAT THE TRIBE HAS THE RIGHT TO13
PARTICIPATE IN THE PROCEEDING AS A PARTY OR IN AN ADVISORY14
CAPACITY PURSUANT TO SECTION 19-1.2-113.15
(2) A
N EMERGENCY REMOVAL OR PLACEMENT OF AN INDIAN CHILD16
PURSUANT TO THIS SECTION TERMINATES IMMEDIATELY WHEN THE17
REMOVAL OR PLACEMENT IS NO LONGER NECESSARY TO PREVENT18
IMMINENT PHYSICAL HARM OR DANGER TO THE INDIAN CHILD. IN SUCH A19
REMOVAL OR PLACEMENT , THE COURT SHALL:20
(a) M
AKE A FINDING ON THE RECORD THAT THE EMERGENCY21
REMOVAL OR PLACEMENT IS NECESSARY TO PREVENT IMMINENT PHYSICAL22
HARM OR DANGER TO THE INDIAN CHILD;23
(b) P
ROMPTLY HOLD A HEARING ON WHETHER THE EMERGENCY24
REMOVAL OR PLACEMENT CONTINUES TO BE NECESSARY WHEN NEW25
INFORMATION INDICATES THAT THE EMERGENCY SITUATION HAS ENDED ;26
(c) A
T ANY COURT HEARING DURING THE EMERGENCY27
HB25-1204
-32- PROCEEDING, DETERMINE WHETHER THE EMERGENCY REMOVAL OR1
PLACEMENT IS NO LONGER NECESSARY TO PREVENT IMMINENT PHYSICAL2
HARM OR DANGER TO THE INDIAN CHILD; AND3
(d) I
MMEDIATELY TERMINATE , OR ENSURE THAT THE INDIVIDUAL4
OR AGENCY THAT TOOK THE CHILD INTO PROTECTIVE CUSTODY5
IMMEDIATELY TERMINATES , THE EMERGENCY PROCEEDING ONCE THE6
COURT OR AGENCY POSSESSES SUFFICIENT EVIDENCE TO DETERMINE THAT7
THE EMERGENCY REMOVAL OR PLACEMENT IS NO LONGER NECESSARY TO8
PREVENT IMMINENT PHYSICAL HARM OR DANGER TO THE INDIAN CHILD.9
(3) A
PETITION FOR A COURT ORDER AUTHORIZING THE10
EMERGENCY REMOVAL OR CONTINUED EMERGENCY PLACEMENT OF AN11
I
NDIAN CHILD, AND ITS ACCOMPANYING DOCUMENTS , MUST CONTAIN A12
STATEMENT OF THE RISK OF IMMINENT PHYSICAL HARM OR DANGER TO THE13
I
NDIAN CHILD AND ANY EVIDENCE THAT THE EMERGENCY REMOVAL OR14
PLACEMENT CONTINUES TO BE NECESSARY TO PREVENT THE IMMINENT15
PHYSICAL HARM OR DANGER TO THE INDIAN CHILD. THE PETITION, AND ITS16
ACCOMPANYING DOCUMENTS , MUST ALSO CONTAIN THE FOLLOWING17
INFORMATION:18
(a) T
HE NAME, AGE, AND LAST-KNOWN ADDRESS OF THE INDIAN19
CHILD;20
(b) T
HE NAME AND LAST-KNOWN ADDRESS OF THE INDIAN CHILD'S21
PARENTS OR INDIAN CUSTODIAN, IF ANY;22
(c) T
HE STEPS TAKEN TO PROVIDE NOTICE TO THE INDIAN CHILD'S23
PARENTS, CUSTODIAN, AND TRIBE ABOUT THE EMERGENCY PROCEEDING ;24
(d) I
F THE INDIAN CHILD'S PARENTS OR INDIAN CUSTODIAN IS25
UNKNOWN, A DETAILED EXPLANATION OF WHAT EFFORTS HAVE BEEN26
MADE TO LOCATE AND CONTACT THEM , INCLUDING CONTACT WITH THE27
HB25-1204
-33- APPROPRIATE FEDERAL BUREAU OF INDIAN AFFAIRS REGIONAL DIRECTOR;1
(e) T
HE RESIDENCE AND DOMICILE OF THE INDIAN CHILD;2
(f) I
F EITHER THE RESIDENCE OR DOMICILE OF THE INDIAN CHILD3
IS BELIEVED TO BE ON A RESERVATION OR IN AN ALASKA NATIVE VILLAGE,4
THE NAME OF THE TRIBE AFFILIATED WITH THAT RESERVATION OR5
VILLAGE;6
(g) T
HE TRIBAL AFFILIATION OF THE INDIAN CHILD AND THE7
CHILD'S PARENTS OR INDIAN CUSTODIAN;8
(h) A
SPECIFIC AND DETAILED ACCOUNT OF THE CIRCUMSTANCES9
THAT LED THE INDIVIDUAL OR AGENCY RESPONSIBLE FOR THE EMERGENCY10
REMOVAL OF THE INDIAN CHILD TO TAKE THAT ACTION;11
(i) I
F THE INDIAN CHILD IS BELIEVED TO RESIDE OR BE DOMICILED12
ON A RESERVATION WHERE THE TRIBE EXERCISES EXCLUSIVE JURISDICTION13
OVER CHILD CUSTODY MATTERS , A STATEMENT OF EFFORTS MADE TO14
CONTACT THE TRIBE AND TRANSFER THE INDIAN CHILD TO THE TRIBE'S15
JURISDICTION; AND16
(j) A
STATEMENT OF THE EFFORTS THAT HAVE BEEN TAKEN TO17
ASSIST THE INDIAN CHILD'S PARENTS OR INDIAN CUSTODIAN SO THAT THE18
I
NDIAN CHILD MAY BE SAFELY RETURNED TO THE CUSTODY OF THE19
PARENTS OR INDIAN CUSTODIAN.20
(4) A
N EMERGENCY PROCEEDING REGARDING AN INDIAN CHILD21
MUST NOT BE CONTINUED FOR MORE THAN THIRTY DAYS , UNLESS THE22
COURT DETERMINES THAT RESTORING THE INDIAN CHILD TO THE PARENT23
OR INDIAN CUSTODIAN WOULD SUBJECT THE INDIAN CHILD TO IMMINENT24
PHYSICAL HARM OR DANGER , AND:25
(a) T
HE COURT HAS APPROVED A MOTION TO TRANSFER THE CASE26
TO A TRIBAL COURT BUT HAS NOT BEEN ABLE TO TRANSFER THE27
HB25-1204
-34- PROCEEDING TO THE JURISDICTION OF THE APPROPRIATE INDIAN TRIBE; OR1
(b) I
T HAS NOT BEEN POSSIBLE TO INITIATE A CHILD CUSTODY2
PROCEEDING.3
19-1.2-111. Active efforts - when required - characteristics.4
(1) I
F THERE IS REASON TO KNOW THAT A CHILD WHO IS THE SUBJECT OF5
A CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD, ACTIVE EFFORTS ARE6
REQUIRED AND THE COURT SHALL MAKE AN INITIAL DETERMINATION7
WHETHER ACTIVE EFFORTS HAVE BEEN MADE TO PREVENT REMOVAL OF8
THE INDIAN CHILD FROM THE FAMILY . IF THE INDIAN CHILD HAS BEEN9
REMOVED FROM THE FAMILY , THE COURT SHALL DETERMINE WHETHER10
ACTIVE EFFORTS HAVE BEEN MADE TO REUNITE THE FAMILY .11
(2) A
CTIVE EFFORTS REQUIRE A HIGHER STANDARD OF CONDUCT12
THAN REASONABLE EFFORTS .13
(3) A
CTIVE EFFORTS MUST:14
(a) B
E DOCUMENTED IN DETAIL IN WRITING OR ORALLY ON THE15
RECORD;16
(b) I
F THE INDIAN CHILD IS ALLEGED TO BE WITHIN THE17
JURISDICTION OF THE COURT PURSUANT TO SECTION 19-1.2-116, INCLUDE18
ACTIVELY ASSISTING THE INDIAN CHILD'S PARENT OR PARENTS OR INDIAN19
CUSTODIAN THROUGH THE STEPS OF A CASE PLAN AND ACCESSING OR20
DEVELOPING THE RESOURCES NECESSARY TO SATISFY THE CASE PLAN ;21
(c) I
NCLUDE PROVIDING ASSISTANCE IN A MANNER CONSISTENT22
WITH THE PREVAILING SOCIAL AND CULTURAL STANDARDS AND WAY OF23
LIFE OF THE INDIAN CHILD'S TRIBE;24
(d) B
E CONDUCTED IN PARTNERSHIP WITH THE INDIAN CHILD AND25
THE INDIAN CHILD'S PARENTS, EXTENDED FAMILY MEMBERS , INDIAN26
CUSTODIAN, AND TRIBE; AND27
HB25-1204
-35- (e) BE TAILORED TO THE FACTS AND CIRCUMSTANCES OF THE CASE .1
(4) A
CTIVE EFFORTS MAY INCLUDE , AS APPLICABLE, THE2
FOLLOWING:3
(a) C
ONDUCTING A COMPREHENSIVE ASSESSMENT OF THE4
CIRCUMSTANCES OF THE INDIAN CHILD'S FAMILY, WITH A FOCUS ON5
REUNIFICATION AS THE PRIMARY AND MOST DESIRABLE GOAL ;6
(b) I
DENTIFYING APPROPRIATE SERVICES AND HELPING THE INDIAN7
CHILD'S PARENTS OVERCOME BARRIERS TO REUNIFICATION , INCLUDING8
ACTIVELY ASSISTING THE INDIAN CHILD'S PARENTS WITH OBTAINING THE9
IDENTIFIED SERVICES;10
(c) I
DENTIFYING, NOTIFYING, AND INVITING REPRESENTATIVES OF11
THE INDIAN CHILD'S TRIBE TO PARTICIPATE IN PROVIDING SUPPORT AND12
SERVICES TO THE INDIAN CHILD'S FAMILY AND IN FAMILY TEAM MEETINGS,13
PERMANENCY PLANNING , RESOLUTION OF PLACEMENT ISSUES, REVIEWS,14
OR OTHER CASE-MANAGEMENT-RELATED MEETINGS;15
(d) C
ONDUCTING OR CAUSING TO BE CONDUCTED A DILIGENT16
SEARCH FOR THE INDIAN CHILD'S EXTENDED FAMILY MEMBERS AND17
CONTACTING AND CONSULTING WITH THE INDIAN CHILD'S EXTENDED18
FAMILY MEMBERS AND ADULT RELATIVES TO PROVIDE FAMILY STRUCTURE19
AND SUPPORT FOR THE INDIAN CHILD AND THE INDIAN CHILD'S PARENTS;20
(e) O
FFERING AND EMPLOYING CULTURALLY APPROPRIATE FAMILY21
PRESERVATION STRATEGIES AND FACILITATING THE USE OF REMEDIAL AND22
REHABILITATIVE SERVICES PROVIDED BY THE INDIAN CHILD'S TRIBE;23
(f) T
AKING STEPS TO KEEP THE INDIAN CHILD AND THE INDIAN24
CHILD'S SIBLINGS TOGETHER, WHENEVER POSSIBLE;25
(g) S
UPPORTING REGULAR FAMILY TIME WITH THE INDIAN CHILD'S26
PARENTS OR INDIAN CUSTODIAN IN THE MOST NATURAL SETTING POSSIBLE ,27
HB25-1204
-36- AS WELL AS TRIAL HOME VISITS DURING A PERIOD OF REMOVAL ,1
CONSISTENT WITH THE NEED TO ENSURE THE HEALTH , SAFETY, AND2
WELFARE OF THE INDIAN CHILD;3
(h) I
DENTIFYING AND MAKING APPROPRIATE REFERRALS TO4
COMMUNITY RESOURCES , INCLUDING HOUSING, FINANCIAL ASSISTANCE,5
EMPLOYMENT TRAINING , TRANSPORTATION, MENTAL HEALTH CARE ,6
HEALTH CARE, SUBSTANCE ABUSE PREVENTION AND TREATMENT ,7
PARENTING TRAINING, TRANSPORTATION, PEER SUPPORT SERVICES8
NECESSARY TO MAINTAIN THE CHILD IN THE HOME OR TO REHABILITATE9
THE FAMILY SO THAT THE CHILD CAN SAFELY RETURN HOME , AND10
ACTIVELY ASSISTING THE INDIAN CHILD'S PARENTS OR, WHEN11
APPROPRIATE, THE INDIAN CHILD'S FAMILY, IN UTILIZING AND ACCESSING12
SUCH RESOURCES;13
(i) M
ONITORING PROGRESS AND PARTICIPATION OF THE INDIAN14
CHILD'S PARENTS, INDIAN CUSTODIAN, OR EXTENDED FAMILY MEMBERS IN15
THE SERVICES DESCRIBED IN SUBSECTIONS (4)(b), (4)(c), (4)(e), AND (4)(h)16
OF THIS SECTION;17
(j) C
ONSIDERING ALTERNATIVE WAYS TO ADDRESS THE NEEDS OF18
THE INDIAN CHILD'S PARENTS, INDIAN CUSTODIAN, AND, WHEN19
APPROPRIATE, THE INDIAN CHILD'S FAMILY IF THE SERVICES DESCRIBED IN20
THIS SECTION ARE UNAVAILABLE OR THE OPTIMUM SERVICES DO NOT EXIST21
OR ARE NOT AVAILABLE;22
(k) P
ROVIDING POST-REUNIFICATION SERVICES AND MONITORING23
WHILE THE INDIAN CHILD REMAINS IN THE COURT'S JURISDICTION;24
(l) C
ONTACTING THE INDIAN CHILD'S TRIBE TO DETERMINE WHAT,25
IF ANY, TRIBAL RESOURCES ARE AVAILABLE ; AND26
(m) A
NY OTHER EFFORTS THAT ARE APPROPRIATE TO THE INDIAN27
HB25-1204
-37- CHILD'S CIRCUMSTANCES.1
(5) I
N A CHILD CUSTODY PROCEEDING BROUGHT PURSUANT TO2
ARTICLE 3 OF THIS TITLE 19, IF THE COURT FINDS THAT A COUNTY3
DEPARTMENT DID NOT PROVIDE ACTIVE EFFORTS TO MAKE IT POSSIBLE FOR4
THE INDIAN CHILD TO SAFELY RETURN HOME , AT A PERMANENCY HEARING5
THE COURT SHALL NOT CHANGE THE PERMANENCY PLAN TO SOMETHING6
OTHER THAN TO REUNITE THE FAMILY .7
(6) U
NLESS STIPULATED BY THE PARTIES AND NOT OBJECTED TO BY8
THE INDIAN CHILD'S TRIBE, IN ANY PROCEEDING BROUGHT PURSUANT TO9
ARTICLE 3 OF THIS TITLE 19, IF THE COURT FINDS THAT A COUNTY10
DEPARTMENT DID NOT PROVIDE ACTIVE EFFORTS TO MAKE IT POSSIBLE FOR11
THE INDIAN CHILD TO SAFELY RETURN HOME , THE COURT SHALL NOT SET12
A DATE FOR A PERMANENT ORDERS HEARING , INCLUDING, BUT NOT13
LIMITED TO, GUARDIANSHIP, ALLOCATION OF PARENTAL RESPONSIBILITIES,14
OR TERMINATION OF PARENTAL RIGHTS , UNTIL THE COUNTY DEPARTMENT15
PROVIDES ACTIVE EFFORTS FOR THE NUMBER OF DAYS THAT ACTIVE16
EFFORTS WERE NOT PREVIOUSLY PROVIDED .17
19-1.2-112. Right to counsel - appointment of counsel - access18
to records. (1) I
F THERE IS REASON TO KNOW THAT A CHILD WHO IS THE19
SUBJECT OF A CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD:20
(a) T
HE COURT SHALL APPOINT COUNSEL TO REPRESENT THE21
I
NDIAN CHILD IN ACCORDANCE WITH APPLICABLE LAW ; AND22
(b) T
HE COURT SHALL APPOINT COUNSEL TO REPRESENT THE23
I
NDIAN CHILD'S PARENT OR INDIAN CUSTODIAN PURSUANT TO SECTION24
19-3-202
IF THE PARENT OR INDIAN CUSTODIAN IS A RESPONDENT IN A25
DEPENDENCY AND NEGLECT ACTION BR OUGHT PURSUANT TO ARTICLE 3 OF26
THIS TITLE 19. IN ANY REMOVAL, PLACEMENT, OR TERMINATION OF27
HB25-1204
-38- PARENTAL RIGHTS PROCEEDING, OUTSIDE OF A DEPENDENCY AND NEGLECT1
PROCEEDING, IN WHICH THE COURT DETERMINES THAT AN INDIAN CHILD'S2
PARENT OR INDIAN CUSTODIAN IS INDIGENT, THE COURT SHALL APPOINT3
COUNSEL TO THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN THROUGH4
THE OFFICE OF THE STATE COURT ADMINISTRATOR .5
19-1.2-113. Right to intervene and appear.6
(1) N
OTWITHSTANDING THIS ARTICLE 1.2 TO THE CONTRARY, A TRIBE, OR7
I
NDIAN CUSTODIAN WHO IS NOT OTHERWISE A PARTY TO A CHILD CUSTODY8
PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 1.2, HAS THE RIGHT TO9
INTERVENE AT ANY POINT IN A CHILD CUSTODY PROCEEDING AND A TRIBE10
MAY BE REPRESENTED BY ANY AUTHORIZED INDIVIDUAL , REGARDLESS OF11
WHETHER THE INDIVIDUAL IS LICENSED TO PRACTICE LAW .12
(2) A
N ATTORNEY WHO IS NOT BARRED FROM PRACTICING LAW IN13
C
OLORADO MAY APPEAR IN ANY CHILD CUSTODY PROCEEDING INVOLVING14
AN INDIAN CHILD WITHOUT ASSOCIATING WITH LOCAL COUNSEL OR15
WITHOUT PAYING A FEE TO APPEAR PRO HAC VICE IF THE ATTORNEY16
ESTABLISHES TO THE SATISFACTION OF THE COLORADO STATE BAR THAT:17
(a) T
HE ATTORNEY WILL APPEAR IN A COURT IN COLORADO FOR18
THE LIMITED PURPOSE OF PARTICIPATING IN A CHILD CUSTODY19
PROCEEDING PURSUANT TO THIS ARTICLE 1.2;20
(b) T
HE ATTORNEY REPRESENTS AN INDIAN CHILD'S PARENT,21
I
NDIAN CUSTODIAN, OR TRIBE; AND22
(c) T
HE INDIAN CHILD'S TRIBE HAS AFFIRMED THE INDIAN CHILD'S23
MEMBERSHIP OR ELIGIBILITY FOR MEMBERSHIP PURSUANT TO TRIBAL LAW .24
(3) N
OTWITHSTANDING THIS ARTICLE 1.2 TO THE CONTRARY,25
PURSUANT TO SUBSECTION (1) OF THIS SECTION, AN INDIAN CUSTODIAN OR26
TRIBE MAY NOTIFY THE COURT, IN WRITING OR ORALLY ON THE RECORD ,27
HB25-1204
-39- THAT THE INDIAN CUSTODIAN OR TRIBE WITHDRAWS AS A PARTY TO THE1
PROCEEDING.2
19-1.2-114. Right to examine documents - compliance3
regarding an Indian child. (1) I
F THERE IS REASON TO KNOW THAT A4
CHILD WHO IS THE SUBJECT OF A CHILD CUSTODY PROCEEDING IS AN5
I
NDIAN CHILD, EACH PARTY HAS THE RIGHT TO TIMELY EXAMINE ALL6
REPORTS OR OTHER DOCUMENTS AS OUTLINED IN THE APPLICABLE RULES7
OF DISCOVERY UNLESS PRECLUDED PURSUANT TO STATE OR FEDERAL LAW .8
(2) R
EGARDLESS OF WHETHER A TRIBE IS A PARTY IN ANY CHILD9
CUSTODY PROCEEDING INVOLVING AN INDIAN CHILD, THE INDIAN CHILD'S10
TRIBE MUST HAVE ACCESS TO ALL REPORTS OR OTHER DOCUMENTS11
REGARDING THE INDIAN CHILD. ANY REPORTS OR OTHER DOCUMENTS12
REGARDING THE INDIAN CHILD MUST BE PROVIDED, UPON REQUEST, TO THE13
TRIBE FREE OF COST.14
19-1.2-115. Qualified expert witnesses. (1) I
N A CHILD CUSTODY15
PROCEEDING THAT REQUIRES THE TESTIMONY OF A QUALIFIED EXPERT16
WITNESS, THE PETITIONING OR FILING PARTY SHALL SEEK A QUALIFIED17
EXPERT WITNESS FROM THE INDIAN CHILD'S TRIBE AND MAY, WHEN18
APPROPRIATE, CONTACT THE FEDERAL BUREAU OF INDIAN AFFAIRS AND19
REQUEST THAT THE TRIBE OR BUREAU IDENTIFY ONE OR MORE20
INDIVIDUALS WHO MEET THE CRITERIA DESCRIBED IN SUBSECTION (3) OR21
(4)
OF THIS SECTION AND MAKE A RECORD OF THAT CONTACT EITHER IN22
WRITING OR ORALLY ON THE RECORD .23
(2) A
T A HEARING PURSUANT TO SECTION 19-1.2-123 OR24
19-1.2-125,
IF THE COURT HAS FOUND THAT THERE IS REASON TO KNOW25
THAT A CHILD IS AN INDIAN CHILD, AT LEAST ONE EXPERT WITNESS MUST26
BE QUALIFIED TO TESTIFY REGARDING:27
HB25-1204
-40- (a) WHETHER THE CONTINUED CUSTODY OF THE INDIAN CHILD BY1
THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN IS LIKELY TO RESULT2
IN SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD; AND3
(b) T
HE PREVAILING SOCIAL AND CULTURAL STANDARDS AND4
CHILD-REARING PRACTICES OF THE INDIAN CHILD'S TRIBE.5
(3) F
OR THE PURPOSES OF THIS SECTION, A QUALIFIED EXPERT6
WITNESS IS NOT REQUIRED TO HAVE KNOWLEDGE OF SOCIAL AND7
CULTURAL STANDARDS OF THE INDIAN CHILD'S TRIBE ONLY IF SUCH8
KNOWLEDGE IS PLAINLY IRRELE VANT TO THE PARTICULAR9
CIRCUMSTANCES AT ISSUE IN THE PROCEEDING . THE INDIAN CHILD'S TRIBE10
MAY DESIGNATE AN INDIVIDUAL AS BEING QUALIFIED TO TESTIFY TO THE11
PREVAILING SOCIAL AND CULTURAL STANDARDS OF THE INDIAN CHILD'S12
TRIBE.13
(4) I
F THE INDIAN CHILD'S TRIBE HAS NOT IDENTIFIED A QUALIFIED14
EXPERT WITNESS, THE FOLLOWING INDIVIDUALS, IN ORDER OF PRIORITY,15
MAY TESTIFY AS A QUALIFIED EXPERT WITNESS :16
(a) A
MEMBER OF THE INDIAN CHILD'S TRIBE OR ANOTHER17
INDIVIDUAL WHO IS REC OGNIZED BY THE TRIBE AS KNOWLEDGEABLE18
ABOUT TRIBAL CUSTOMS REGARDING FAMILY ORGANIZATION AND19
CHILD-REARING PRACTICES;20
(b) A
N INDIVIDUAL WHO HAS SUBSTANTIAL EXPERIENCE IN THE21
DELIVERY OF CHILD AND FAMILY SERVICES TO INDIANS AND EXTENSIVE22
KNOWLEDGE OF PREVAILING SOCIAL AND CULTURAL STANDARDS AND23
CHILD-REARING PRACTICES IN THE INDIAN CHILD'S TRIBE; OR24
(c) A
N INDIVIDUAL WHO HAS SUBSTANTIAL EXPERIENCE IN THE25
DELIVERY OF CHILD AND FAMILY SERVICES TO INDIANS AND EXTENSIVE26
KNOWLEDGE OF PREVAILING SOCIAL AND CULTURAL STANDARDS AND27
HB25-1204
-41- CHILD-REARING PRACTICES IN INDIAN TRIBES WITH CULTURAL1
SIMILARITIES TO THE INDIAN CHILD'S TRIBE.2
(5) A
N INDIAN CHILD'S TRIBE MUST BE PROVIDED THE3
OPPORTUNITY TO QUESTION THE QUALIFIED EXPERT WITNESS IN ALL4
HEARINGS INVOLVING THE INDIAN CHILD, REGARDLESS OF WHETHER THE5
I
NDIAN CHILD'S TRIBE HAS INTERVENED PURSUANT TO SECTION6
19-1.2-113.7
(6) F
OR THE PURPOSES OF THIS SECTION, A PETITIONING OR FILING8
PARTY OR AN EMPLOYEE OF THE PETITIONING OR FILING PARTY MAY NOT9
SERVE AS A QUALIFIED EXPERT WITNESS.10
19-1.2-116. Jurisdiction. (1) E
XCEPT AS OTHERWISE PROVIDED11
IN THIS SECTION, THE COURT'S JURISDICTION PURSUANT TO THIS ARTICLE12
1.2
IN A CASE INVOLVING AN INDIAN CHILD IS CONCURRENT WITH THE13
I
NDIAN CHILD'S TRIBE.14
(2) T
HE INDIAN CHILD'S TRIBE HAS EXCLUSIVE JURISDICTION IN A15
CASE INVOLVING AN INDIAN CHILD IF:16
(a) T
HE INDIAN CHILD IS A WARD OF A TRIBAL COURT OF THE17
TRIBE; OR18
(b) T
HE INDIAN CHILD RESIDES OR IS DOMICILED ON THE TRIBE 'S19
RESERVATION.20
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE21
COURT HAS TEMPORARY EMERGENCY JURISDICTION OVER AN INDIAN22
CHILD WHO IS TAKEN INTO PROTECTIVE CUSTODY PURSUANT TO SECTION23
19-1.2-110
OR 19-3-201, OR PART 4 OF ARTICLE 3 OF THIS TITLE 19.24
19-1.2-117. Determination of domicile and residence - tribal25
court jurisdiction. (1) I
N A CHILD CUSTODY PROCEEDING INVOLVING AN26
I
NDIAN CHILD, THE COURT SHALL DETERMINE AND ISSUE AN ORDER27
HB25-1204
-42- REGARDING THE INDIAN CHILD'S DOMICILE OR RESIDENCE AND WHETHER1
THE INDIAN CHILD IS UNDER A TRIBAL COURT'S JURISDICTION.2
(2) T
HE PETITIONING OR FILING PARTY SHALL COORDINATE WITH3
THE INDIAN CHILD'S TRIBE AS NECESSARY TO ASSIST THE COURT IN4
MAKING A DETERMINATION PURSUANT TO THIS SECTION . IF IT IS UNCLEAR5
WHICH TRIBE IS THE INDIAN CHILD'S TRIBE, THE PETITIONING OR FILING6
PARTY SHALL COORDINATE WITH EACH TRIBE WITH WHICH THERE IS7
REASON TO KNOW THAT THE INDIAN CHILD MAY BE A MEMBER OR ELIGIBLE8
FOR MEMBERSHIP TO ASSIST THE COURT IN MAKING THE DETERMINATION .9
19-1.2-118. Motion to transfer to tribal court - objection.10
(1) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION,11
THE COURT SHALL TRANSFER A CHILD CUSTODY PROCEEDING BROUGHT12
PURSUANT TO THIS ARTICLE 1.2 THAT INVOLVES AN INDIAN CHILD IF, AT13
ANY TIME DURING THE PROCEEDING, THE INDIAN CHILD'S PARENT, INDIAN14
CUSTODIAN, OR TRIBE PETITIONS THE COURT TO TRANSFER THE15
PROCEEDING TO THE TRIBAL COURT , UNLESS GOOD CAUSE IS SHOWN TO16
DENY THE TRANSFER.17
(2) U
PON RECEIPT OF A TRANSFER MOTION , THE COURT SHALL18
CONTACT THE INDIAN CHILD'S TRIBE AND REQUEST A TIMELY RESPONSE19
REGARDING WHETHER THE TRIBE INTENDS TO DECLINE THE TRANSFER .20
(3) (a) I
F A PARTY OBJECTS IN WRITING TO THE TRANSFER MOTION ,21
THE COURT SHALL SET A HEARING ON THE OBJECTIONS TO THE MOTION . IN22
DETERMINING WHETHER THERE IS GOOD CAUSE TO DENY TRANSFER OF23
JURISDICTION TO A TRIBAL COURT , THE COURT SHALL ENGAGE IN A24
FACT-SPECIFIC INQUIRY, DETERMINED ON A CASE-BY-CASE BASIS AS SET25
FORTH IN SUBSECTION (4) OF THIS SECTION.26
(b) A
T THE HEARING, THE OBJECTING PARTY HAS THE BURDEN OF27
HB25-1204
-43- PROOF OF ESTABLISHING BY CLEAR AND CONVINCING EVIDENCE THAT1
GOOD CAUSE EXISTS TO DENY THE TRANSFER .2
(c) I
F THE INDIAN CHILD'S TRIBE CONTESTS THE ASSERTION THAT3
GOOD CAUSE EXISTS TO DENY THE TRANSFER , THE COURT SHALL GIVE THE4
TRIBE'S ARGUMENT SUBSTANTIAL WEIGHT .5
(d) W
HEN MAKING A DETERMINATION WHETHER GOOD CAUSE6
EXISTS TO DENY THE TRANSFER MOTION, THE COURT MUST NOT CONSIDER:7
(I) W
HETHER THE PROCEEDING IS AT AN ADVANCED STAGE ;8
(II) W
HETHER THERE HAS BEEN A PRIOR PROCEEDING INVOLVING9
THE INDIAN CHILD IN WHICH A TRANSFER MOTION WAS NOT FILED ;10
(III) W
HETHER THE TRANSFER COULD AFFECT THE PLACEMENT OF11
THE INDIAN CHILD;12
(IV) T
HE INDIAN CHILD'S CULTURAL CONNECTIONS WITH THE13
TRIBE OR THE TRIBE'S RESERVATION;14
(V) T
HE SOCIOECONOMIC C ONDITIONS OF THE INDIAN CHILD'S15
TRIBE OR ANY NEGATIVE PERCEPTION OF THE TRIBE 'S OR THE FEDERAL16
BUREAU OF INDIAN AFFAIRS'S SOCIAL SERVICES OR JUDICIAL SYSTEMS; OR17
(VI) W
HETHER THE TRANSFER SERVES THE BEST INTERESTS OF THE18
I
NDIAN CHILD.19
(4) A
BSENT EXTRAORDINARY CIRCUMSTANCES , GOOD CAUSE TO20
DENY TRANSFER TO A TRIBAL COURT MUST BE BASED ON ONE OR BOTH OF21
THE FOLLOWING FACTORS:22
(a) T
HE INDIAN CHILD'S TRIBE DOES NOT HAVE A TRIBAL COURT OR23
ANY OTHER ADMINISTRATIVE BODY THAT IS VESTED WITH AUTHORITY24
OVER CHILD CUSTODY PROCEEDINGS TO WHICH THE CASE CAN BE25
TRANSFERRED, AND NO OTHER TRIBAL COURT HAS BEEN DESIGNATED BY26
THE INDIAN CHILD'S TRIBE TO HEAR CHILD CUSTODY PROCEEDINGS ; OR27
HB25-1204
-44- (b) THE EVIDENCE NECESSARY TO DECIDE THE CASE COULD NOT BE1
ADEQUATELY PRESENTED IN THE TRIBAL COURT WITHOUT UNDUE2
HARDSHIP TO THE PARTIES OR THE WITNESSES , AND THE TRIBAL COURT IS3
UNABLE TO MITIGATE THE HARDSHIP BY ANY MEANS PERMITTED IN THE4
TRIBAL COURT'S RULES. WITHOUT EVIDENCE OF UNDUE HARDSHIP , TRAVEL5
DISTANCE ALONE IS NOT A BASIS FOR DENYING A TRANSFER MOTION .6
(5) (a) T
HE COURT SHALL DENY THE TRANSFER MOTION IF :7
(I) T
HE TRIBE DECLINES THE TRANSFER IN WRITING OR ORALLY ON8
THE RECORD;9
(II) O
NE OF THE INDIAN CHILD'S PARENTS OBJECTS TO THE10
TRANSFER; OR11
(III) A
FTER A HEARING, THE COURT FINDS BY CLEAR AND12
CONVINCING EVIDENCE THAT GOOD CAUSE EXISTS TO DENY THE TRANSFER .13
(b) N
OTWITHSTANDING SUBSECTION (5)(a)(II) OF THIS SECTION,14
THE OBJECTION OF THE INDIAN CHILD'S PARENT DOES NOT PRECLUDE THE15
TRANSFER IF:16
(I) T
HE OBJECTING PARENT DIES OR THE OBJECTING PARENT 'S17
PARENTAL RIGHTS ARE TERMINATED AND HAVE NOT BEEN RESTORED ; AND18
(II) T
HE INDIAN CHILD'S REMAINING PARENT, INDIAN CUSTODIAN,19
OR TRIBE FILES A NEW TRANSFER MOTION SUBSEQUENT TO THE DEATH OR20
TERMINATION OF PARENTAL RIGHTS OF THE OBJECTING PARENT .21
(6) I
F THE COURT DENIES A TRANSFER MOTION PURSUANT TO THIS22
SECTION, THE COURT SHALL DOCUMENT THE BASIS FOR THE DENIAL IN A23
WRITTEN ORDER.24
19-1.2-119. Requirements if transfer to tribal court granted.25
(1) U
PON GRANTING A MOTION TO TRANSFER PURSUANT TO SECTION26
19-1.2-118,
THE COURT SHALL EXPEDITIOUSLY:27
HB25-1204
-45- (a) NOTIFY THE TRIBAL COURT OF THE PENDING DISMISSAL OF THE1
CHILD CUSTODY PROCEEDING ;2
(b) T
RANSFER ALL INFORMATION REGARDING THE PROCEEDING ,3
INCLUDING PLEADINGS AND COURT RECORDS , TO THE TRIBAL COURT; AND4
(c) I
F THE INDIAN CHILD IS ALLEGED TO BE WITHIN THE5
JURISDICTION OF THE COURT PURSUANT TO SECTION 19-1.2-116, DIRECT6
THE PETITIONING OR FILING PARTY TO:7
(I) C
OORDINATE WITH THE TRIBAL COURT AND THE INDIAN CHILD'S8
TRIBE TO ENSURE THAT THE TRANSFER OF THE PROCEEDING AND THE9
TRANSFER OF CUSTODY OF THE INDIAN CHILD IS ACCOMPLISHED WITH10
MINIMAL DISRUPTION OF SERVICES TO THE INDIAN CHILD AND THE INDIAN11
CHILD'S FAMILY; AND12
(II) E
XPEDITIOUSLY PROVIDE AT NO COST TO THE APPROPRIATE13
TRIBAL AGENCY:14
(A) A
LL RECORDS AND ORIGINAL DOCUMENTS IN THE PETITIONING15
OR FILING PARTY'S POSSESSION THAT ARE RELATED TO THE INDIAN CHILD,16
INCLUDING A BIRTH CERTIFICATE, SOCIAL SECURITY CARD, CERTIFICATE OF17
I
NDIAN BIRTH, AND OTHER SIMILAR DOCUMENTS ;18
(B)
DOCUMENTATION RELATED TO THE INDIAN CHILD'S ELIGIBILITY19
FOR STATE AND FEDERAL ASSISTANCE ; AND20
(C) T
HE ENTIRE CASE RECORD FOR THE INDIAN CHILD THAT THE21
PETITIONING OR FILING PARTY POSSESSES.22
(2) T
HE COURT SHALL DISMISS THE PROCEEDING WITH PREJUDICE23
UPON CONFIRMATION FROM THE TRIBAL COURT THAT THE TRIBAL COURT24
RECEIVED THE REQUIRED TRANSFERRED INFORMATION .25
19-1.2-120. Placement preferences - cultural compact -26
confidentiality. (1) I
F THE PARENTAL RIGHTS OF AN INDIAN CHILD'S27
HB25-1204
-46- PARENTS HAVE NOT BEEN TERMINATED AND THE INDIAN CHILD IS IN NEED1
OF PLACEMENT OR CONTINUATION IN SUBSTITUTE CARE , THE INDIAN CHILD2
MUST BE PLACED IN THE LEAST RESTRICTIVE SETTING THAT :3
(a) M
OST CLOSELY APPROXIMATES A FAMILY , TAKING INTO4
CONSIDERATION SIBLING ATTACHMENT ;5
(b) A
LLOWS THE INDIAN CHILD'S SPECIAL NEEDS, IF ANY, TO BE6
MET;7
(c) S
UBJECT TO SUBSECTION (1)(d)(II)(C) OF THIS SECTION, IS IN8
REASONABLE PROXIMITY TO THE INDIAN CHILD'S HOME, EXTENDED9
FAMILY, OR SIBLINGS; AND10
(d) (I) E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION,11
IS IN ACCORDANCE WITH THE ORDER OF PREFERENCE ESTABLISHED BY THE12
I
NDIAN CHILD'S TRIBE; OR13
(II) I
F THE INDIAN CHILD'S TRIBE HAS NOT ESTABLISHED14
PLACEMENT PREFERENCES , IS IN ACCORDANCE WITH THE FOLLOWING15
ORDER OF PREFERENCE:16
(A) T
HE CHILD'S NONCUSTODIAL PARENT;17
(B) A
MEMBER OF THE INDIAN CHILD'S EXTENDED FAMILY;18
(C) A
FOSTER HOME LICENSED, APPROVED, OR SPECIFIED BY THE19
I
NDIAN CHILD'S TRIBE;20
(D) A
NOTHER MEMBER OF THE INDIAN CHILD'S TRIBE;21
(E) A
NOTHER INDIAN FAMILY WITH WHOM THE INDIAN CHILD HAS22
A RELATIONSHIP;23
(F) A
N INDIAN FAMILY FROM A TRIBE THAT IS CULTURALLY24
SIMILAR OR LINGUISTICALLY CONNECTED TO THE INDIAN CHILD'S TRIBE;25
(G) A
FOSTER HOME LICENSED OR APPROVED BY A LICENSING26
AUTHORITY IN THIS STATE AND IN WHICH ONE OR MORE OF THE LICENSED27
HB25-1204
-47- OR APPROVED FOSTER PARENTS IS AN INDIAN; OR1
(H) A
N INSTITUTION FOR CHILDREN THAT HAS A PROGRAM2
SUITABLE TO MEET THE INDIAN CHILD'S NEEDS AND IS APPROVED BY AN3
I
NDIAN TRIBE OR OPERATED BY AN INDIAN ORGANIZATION.4
(2) I
F THE PARENTAL RIGHTS OF THE INDIAN CHILD'S PARENTS5
HAVE BEEN TERMINATED OR IF AN INDIAN CHILD IS IN NEED OF6
GUARDIANSHIP PURSUANT TO PART 2 OF ARTICLE 14 OF TITLE 15 OR7
ADOPTIVE PLACEMENT, EXCEPT AS PROVIDED FOR IN SUBSECTION (3) OF8
THIS SECTION, THE INDIAN CHILD MUST BE PLACED:9
(a) I
N ACCORDANCE WITH THE ORDER OF PREFERENCE10
ESTABLISHED BY THE INDIAN CHILD'S TRIBE; OR11
(b) I
F THE INDIAN CHILD'S TRIBE HAS NOT ESTABLISHED12
PLACEMENT PREFERENCES , ACCORDING TO THE FOLLOWING ORDER OF13
PREFERENCE:14
(I) W
ITH A MEMBER OF THE INDIAN CHILD'S EXTENDED FAMILY;15
(II) W
ITH OTHER MEMBERS OF THE INDIAN CHILD'S TRIBE;16
(III) W
ITH A MEMBER OR CITIZEN OF AN INDIAN TRIBE IN WHICH17
THE INDIAN CHILD IS ELIGIBLE FOR MEMBERSHIP OR CITIZENSHIP BUT THAT18
IS NOT THE INDIAN CHILD'S TRIBE;19
(IV) W
ITH ANOTHER INDIAN FAMILY WITH WHOM THE INDIAN20
CHILD HAS A RELATIONSHIP;21
(V) W
ITH AN INDIAN FAMILY FROM A TRIBE THAT IS CULTURALLY22
SIMILAR OR LINGUISTICALLY CONNECTED TO THE INDIAN CHILD'S TRIBE;23
OR24
(VI) W
ITH ANOTHER INDIAN FAMILY.25
(3) (a) A
PARTY MAY FILE A MOTION WITH THE COURT REQUESTING26
AUTHORITY TO PLACE THE INDIAN CHILD CONTRARY TO THE PLACEMENT27
HB25-1204
-48- PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION. THE1
MOTION MUST DETAIL THE REASONS THE PARTY ASSERTS THAT GOOD2
CAUSE EXISTS FOR PLACEMENT CONTRARY TO THE PLACEMENT3
PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION.4
(b) U
PON THE FILING OF AN OBJECTION TO A MOTION FILED5
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION, THE COURT SHALL SET6
THE TIME FOR A HEARING ON THE OBJECTIONS .7
(c) I
F THE COURT DETERMINES THAT THE MOVING PARTY HAS8
ESTABLISHED ITS BURDEN BY CLEAR AND CONVINCING EVIDENCE THAT9
THERE IS GOOD CAUSE TO DEPART FROM THE PLACEMENT PREFERENCES10
SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION, THE COURT MAY11
AUTHORIZE AN ALTERNATIVE PLACEMENT .12
(d) T
HE COURT'S DETERMINATION PURSUANT TO SUBSECTION13
(3)(c)
OF THIS SECTION:14
(I) M
UST BE IN WRITING AND BASED ON ONE OR MORE OF THE15
FOLLOWING FACTORS:16
(A) T
HE PREFERENCES OF THE INDIAN CHILD, IF THE INDIAN CHILD17
IS OF SUFFICIENT AGE AND CAPACITY TO UNDERSTAND THE DECISION THAT18
IS BEING MADE;19
(B) T
HE PRESENCE OF A SIBLING ATTACHMENT THAT CANNOT BE20
MAINTAINED THROUGH A PLACEMENT CONSISTENT WITH THE PLACEMENT21
PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION;22
(C) A
NY EXTRAORDINARY PHYSICAL , MENTAL, OR EMOTIONAL23
NEEDS OF THE INDIAN CHILD THAT REQUIRE SPECIALIZED TREATMENT24
SERVICES IF, DESPITE ACTIVE EFFORTS, THOSE SERVICES ARE UNAVAILABLE25
IN THE COMMUNITY WHERE FAMILIES WHO MEET THE PLACEMENT26
PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION27
HB25-1204
-49- RESIDE;1
(D) A
FINDING BASED ON THE TESTIMONY OF THE CHILD2
PLACEMENT AGENCY OR THE PETITIONING OR FILING PARTY THAT A3
DILIGENT SEARCH HAS BEEN CONDUCTED AND THAT A PLACEMENT4
MEETING THE PLACEMENT PREFERENCES SET FORTH IN SUBSECTION (1) OR5
(2)
OF THIS SECTION IS UNAVAILABLE, AS DETERMINED BY THE PREVAILING6
SOCIAL AND CULTURAL STANDARDS OF THE INDIAN COMMUNITY IN WHICH7
THE INDIAN CHILD'S PARENT OR EXTENDED FAMILY RESIDES OR MAINTAINS8
SOCIAL AND CULTURAL TIES; OR9
(E) T
HE PLACEMENT REQUEST OF THE INDIAN CHILD'S PARENT,10
AFTER THE INDIAN CHILD'S PARENT HAS REVIEWED THE PLACEMENT11
OPTIONS, IF ANY COMPLY WITH THE PLACEMENT PREFERENCES SET FORTH12
IN SUBSECTION (1) OR (2) OF THIS SECTION;13
(II) M
UST ALLOW THE COURT TO RETAIN DISCRETION TO FIND THAT14
GOOD CAUSE DOES NOT EXIST EVEN IF ONE OR MORE OF THE FACTORS IN15
THIS SUBSECTION (3) ARE PRESENT;16
(III) M
UST, IN APPLYING THE PLACEMENT PREFERENCES SET FORTH17
IN SUBSECTION (1) OR (2) OF THIS SECTION, GIVE WEIGHT TO THE INDIAN18
CHILD'S PARENT'S REQUEST FOR ANONYMITY IF THE PLACEMENT IS AN19
ADOPTIVE PLACEMENT TO WHICH THE INDIAN CHILD'S PARENT HAS20
CONSENTED; AND21
(IV) M
AY NOT BE BASED:22
(A) O
N THE SOCIOECONOMIC CONDITIONS OF THE INDIAN CHILD'S23
TRIBE;24
(B) O
N ANY PERCEPTION OF THE TRIBE'S OR FEDERAL BUREAU OF25
I
NDIAN AFFAIRS' SOCIAL SERVICES OR JUDICIAL SYSTEMS;26
(C) O
N THE DISTANCE BETWEEN A PLACEMENT THAT MEETS THE27
HB25-1204
-50- PLACEMENT PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS1
SECTION THAT IS LOCATED ON OR NEAR A RESERVATION AND THE INDIAN2
CHILD'S PARENT, EXCEPT IF THE PLACEMENT WOULD UNDERMINE3
REUNIFICATION EFFORTS; OR4
(D) S
OLELY ON THE ORDINARY BONDING OR ATTACHMENT5
BETWEEN THE INDIAN CHILD AND A NON-PREFERRED PLACEMENT ARISING6
FROM TIME SPENT IN THE NON-PREFERRED PLACEMENT.7
(4) T
HE COURT, ON THE COURT'S OWN MOTION OR THE MOTION OF8
ANY PARTY, SHALL MAKE A DETERMINATION PURSUANT TO THIS SECTION9
REGARDING THE INDIAN CHILD'S PLACEMENT IF THE COURT OR THE10
MOVING PARTY HAS REASON TO KNOW THAT THE INDIAN CHILD WAS11
PLACED CONTRARY TO THE PLACEMENT PREFERENCES SET FORTH IN12
SUBSECTION (1) OR (2) OF THIS SECTION WITHOUT GOOD CAUSE. A MOTION13
MADE PURSUANT TO THIS SUBSECTION (4) MAY BE MADE IN WRITING OR14
ORALLY ON THE RECORD.15
(5) T
O ENSURE THAT THIS ARTICLE 1.2 IS FULLY IMPLEMENTED AND16
THAT ALL INDIAN CHILDREN HAVE THE OPPORTUNITY TO MAINTAIN17
STRONG CONNECTIONS TO THEIR CULTURE , IF THE HOUSEHOLD INTO WHICH18
AN INDIAN CHILD IS PLACED FOR ADOPTION OR GUARDIANSHIP DOES NOT19
INCLUDE A PARENT WHO IS A MEMBER OF THE INDIAN CHILD'S TRIBE, THE20
COURT SHALL REQUIRE THE PARTIES TO THE ADOPTION TO ENTER A21
CULTURAL COMPACT AT THE DISCRETION OF THE INDIAN CHILD'S TRIBE, OR22
OTHERWISE DEVELOP A PLAN THAT DOCUMENTS THE PARTIES ' AGREEMENT23
REGARDING HOW THE INDIAN CHILD WILL CONTINUE TO ACTIVELY24
PARTICIPATE IN THE INDIAN CHILD'S CULTURAL LEARNING AND ACTIVITIES,25
AND ENGAGEMENT WITH FAMILY MEMBERS . EACH CULTURAL COMPACT OR26
PLAN MUST BE SPECIFIC TO THE INDIAN CHILD; MUST CONSIDER THE27
HB25-1204
-51- INDIAN CHILD'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING1
THE INDIAN CHILD'S PREFERENCES; AND MUST TAKE INTO ACCOUNT THE2
I
NDIAN CHILD'S UNDERSTANDING AS THE INDIAN CHILD GROWS AND3
MATURES. THE CULTURAL COMPACT OR PLAN IS CONSIDERED A4
POST-ADOPTION CONTACT AGREEMENT IN ACCORDANCE WITH SECTION5
19-5-208
(4.5) AND ENFORCEABLE IN ACCORDANCE WITH SECTION6
19-5-217.7
(6) A
CONFIDENTIALITY REQUIREMENT, IF ANY, DOES NOT RELIEVE8
THE COURT OR ANY PETITIONERS IN AN ADOPTION PROCEEDING FROM THE9
DUTY TO COMPLY WITH THE PLACEMENT PREFERENCES SET FORTH IN THIS10
SECTION IF THE CHILD IS AN INDIAN CHILD.11
19-1.2-121. Order to vacate judgment. (1) A
PETITION TO12
VACATE AN ORDER OR A JUDGMENT INVOLVING AN INDIAN CHILD13
REGARDING JURISDICTION IN ACCORDANCE WITH SECTIONS 19-1.2-11614
AND 19-1.2-118, PLACEMENT, GUARDIANSHIP, OR THE TERMINATION OF15
PARENTAL RIGHTS MAY BE FILED IN A PENDING CHILD CUSTODY16
PROCEEDING INVOLVING THE INDIAN CHILD OR, IF A CHILD CUSTODY17
PROCEEDING IS NOT PENDING , IN ANY STATE OR LOCAL COURT OF18
COMPETENT JURISDICTION BY:19
(a) T
HE INDIAN CHILD WHO WAS ALLEGED TO BE WITHIN THE20
COURT'S JURISDICTION PURSUANT TO SECTION 19-1.2-116;21
(b) T
HE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN FROM22
WHOSE CUSTODY THE INDIAN CHILD WAS REMOVED OR WHOSE PARENTAL23
RIGHTS WERE TERMINATED; OR24
(c) T
HE INDIAN CHILD'S TRIBE.25
(2) (a) T
HE COURT SHALL VACATE AN ORDER OR JUDGMENT26
INVOLVING AN INDIAN CHILD REGARDING JURISDICTION IN ACCORDANCE27
HB25-1204
-52- WITH SECTIONS 19-1.2-116 AND 19-1.2-118, PLACEMENT, GUARDIANSHIP,1
OR THE TERMINATION OF PARENTAL RIGHTS IF THE COURT DETERMINES2
THAT ANY PROVISION OF THIS ARTICLE 1.2 HAS BEEN VIOLATED.3
(b) I
F THE VACATED ORDER OR JUDGMENT RESULTED IN THE4
REMOVAL OR PLACEMENT OF THE INDIAN CHILD, THE COURT SHALL ORDER5
THE CHILD RETURNED TO THE INDIAN CHILD'S PARENT OR INDIAN6
CUSTODIAN AS SOON AS POSSIBLE, AND THE COURT'S ORDER MUST INCLUDE7
A TRANSITION PLAN FOR THE PHYSICAL CUSTODY OF THE CHILD , UNLESS8
THE COURT DETERMINES THAT A HEARING IS TO BE HELD WITHIN9
TWENTY-EIGHT DAYS IN ACCORDANCE WITH 25 U.S.C. SEC. 1912 (e) AND10
SECTION 19-1.2-123 TO DETERMINE IF THE RETURN OF THE INDIAN CHILD11
IS APPROPRIATE. THE TRANSITION PLAN MAY INCLUDE PROTECTIVE12
CUSTODY PURSUANT TO SECTION 19-3-405.13
(c) I
F THE VACATED ORDER OR JUDGMENT TERMINATED PARENTAL14
RIGHTS, THE COURT SHALL ORDER THE PREVIOUSLY TERMINATED15
PARENTAL RIGHTS TO BE RESTORED .16
(d) I
F THE STATE OR ANY OTHER PARTY AFFIRMATIVELY ASKS THE17
COURT TO RECONSIDER THE ISSUES UNDER THE VACATED ORDER OR18
JUDGMENT, THE COURT'S FINDINGS OR DETERMINATIONS MUST BE19
READJUDICATED BY THE COURT THAT IS RECONSIDERING WHETHER THERE20
HAS BEEN ABUSE OR NEGLECT SUFFICIENT TO ALLOW THE INDIAN CHILD TO21
BE REMOVED PURSUANT TO THIS ARTICLE 1.2.22
19-1.2-122. Determination of whether an Indian child has been23
improperly removed or retained - remedy. (1) T
HE COURT, ON THE24
COURT'S OWN MOTION OR ON THE MOTION OF ANY PARTY , SHALL25
EXPEDITIOUSLY DETERMINE WHETHER AN INDIAN CHILD WHO IS ASSERTED26
TO BE WITHIN THE COURT 'S JURISDICTION PURSUANT TO SECTION27
HB25-1204
-53- 19-1.2-116 HAS BEEN IMPROPERLY REMOVED OR IMPROPERLY RETAINED1
FOLLOWING A VISIT OR TEMPORARY RELINQUISHMENT OF CUSTODY . A2
MOTION PURSUANT TO THIS SECTION MAY BE MADE ORALLY OR IN3
WRITING.4
(2) I
F THE COURT FINDS THAT THE INDIAN CHILD HAS BEEN5
IMPROPERLY REMOVED OR IMPROPERLY RETAINED , THE COURT SHALL6
ORDER THE PETITIONING OR FILING PARTY TO IMMEDIATELY RETURN THE7
I
NDIAN CHILD TO THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN AND8
DISMISS THE PROCEEDING, UNLESS THE COURT DETERMINES THAT DOING9
SO WOULD SUBJECT THE INDIAN CHILD TO SUBSTANTIAL AND IMMEDIATE10
DANGER OR A THREAT OF SUBSTANTIAL AND IMMEDIATE DANGER . IN SUCH11
A CASE, THE COURT SHALL HOLD A HEARING WITHIN TWENTY -EIGHT DAYS12
IN ACCORDANCE WITH 25 U.S.C. SEC. 1912 (e) AND SECTION 19-1.2-12313
TO DETERMINE IF THE RETURN OF THE INDIAN CHILD IS APPROPRIATE. 14
19-1.2-123. Foster care placement. (1) F
OR A COURT TO ORDER15
FOSTER CARE PLACEMENT IN A CHILD CUSTODY PROCEEDING INVOLVING16
AN INDIAN CHILD:17
(a) T
HE COURT MUST FIND BY CLEAR AND CONVINCING EVIDENCE ,18
INCLUDING THE TESTIMONY OF ONE OR MORE QUALIFIED EXPERT19
WITNESSES, THAT THE INDIAN CHILD'S CONTINUED CUSTODY BY THE20
I
NDIAN CHILD'S PARENT OR INDIAN CUSTODIAN IS LIKELY TO RESULT IN21
SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD; AND22
(b) T
HE COURT MUST DETERMINE THAT THE EVIDENCE REQUIRED23
BY SUBSECTION (1)(a) OF THIS SECTION SHOWS A CAUSAL RELATIONSHIP24
BETWEEN THE PARTICULAR CONDITIONS IN THE INDIAN CHILD'S DOMICILE25
OR RESIDENCE AND THE LIKELIHOOD THAT THE CONTINUED CUSTODY OF26
THE INDIAN CHILD IN THAT DOMICILE OR RESIDENCE WILL RESULT IN27
HB25-1204
-54- SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD WHO IS1
THE SUBJECT OF THE CHILD CUSTODY PROCEEDING .2
(2) W
ITHOUT A CAUSAL RELATIONSHIP SHOWN PURS UANT TO3
SUBSECTION (1)(b) OF THIS SECTION, IF THE EVIDENCE SHOWS ONLY THE4
EXISTENCE OF COMMUNITY OR FAMILY POVERTY , ISOLATION, SINGLE5
PARENTHOOD, CUSTODIAN AGE, CROWDED OR INADEQUATE HOUSING ,6
SUBSTANCE ABUSE, OR NONCONFORMING SOCIAL BEHAVIOR , SUCH7
EVIDENCE DOES NOT BY ITSELF CONSTITUTE THE CLEAR AND CONVINCING8
EVIDENCE REQUIRED FOR A FINDING THAT CONTINUED CUSTODY IS LIKELY9
TO RESULT IN SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN10
CHILD.11
19-1.2-124. Tribal customary adoption. (1) I
F THE INDIAN12
CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE PROVIDES NOTICE TO THE13
COURT AND THE PARTIES IN WRITING OR ORALLY ON THE RECORD THAT14
THE INDIAN CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE IS PURSUING15
A TRIBAL CUSTOMARY ADOPTION AS A RESOLUTION TO THE CHILD16
CUSTODY PROCEEDING, THE INDIAN CHILD'S PARENT, INDIAN CUSTODIAN,17
OR TRIBE MUST SECURE A MOTION TO TRANSFER THE CASE TO TRIBAL18
COURT PURSUANT TO SECTION 19-1.2-118 WITHIN SIXTY-THREE DAYS19
AFTER RECEIVING THE NOTICE. IF THE INDIAN CHILD'S PARENT, INDIAN20
CUSTODIAN, OR TRIBE DOES NOT SECURE A MOTION TO TRANSFER THE21
CASE WITHIN SIXTY-THREE DAYS, THE COURT MAY CONSIDER OTHER22
PERMANENCY OR PLACEMENT OPTIONS PURSUANT TO THIS ARTICLE 1.2 AS23
A RESOLUTION TO THE CHILD CUSTODY PROCEEDING . FAILURE TO SECURE24
THE MOTION TO TRANSFER THE CASE WITHIN SIXTY-THREE DAYS DOES NOT25
PREVENT THE INDIAN CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE FROM26
FILING A MOTION TO TRANSFER THE CASE TO A TRIBAL COURT AT A LATER27
HB25-1204
-55- DATE.1
(2) U
PON THE REQUEST OF THE INDIAN CHILD'S TRIBE OR ANOTHER2
PARTY TO THE CASE IN WHICH THE TRIBAL CUSTOMARY ADOPTION WAS3
ISSUED, THE COURT SHALL CERTIFY A TRIBAL CUSTOMARY ADOPTION4
ORDER AND TREAT THE ORDER IN ACCORDANCE WITH THE FULL FAITH AND5
CREDIT PROVISIONS SET FORTH IN SECTION 19-1.2-131.6
19-1.2-125. Termination of parental rights - tribal customary7
adoption exemption. (1) U
PON THE FILING OF A MOTION TO TERMINATE8
THE PARENT-CHILD LEGAL RELATIONSHIP, THE COURT SHALL MAKE A9
FINDING, SUBJECT TO THE PROCEDURES DESCRIBED IN SECTION 19-1.2-10810
(3),
REGARDING WHETHER THERE IS REASON TO KNOW THAT THE CHILD IS11
AN INDIAN CHILD.12
(2) (a) I
F THERE IS A FINDING THAT THERE IS REASON TO KNOW13
THAT THE CHILD IS AN INDIAN CHILD, IN ADDITION TO THE STATUTORY14
CRITERIA OUTLINED IN SECTION 19-3-604 AND PART 1 OF ARTICLE 5 OF15
THIS TITLE 19, THE COURT SHALL MAKE FINDINGS , SUPPORTED BY16
EVIDENCE BEYOND A REASONABLE DOUBT , INCLUDING THE TESTIMONY OF17
ONE OR MORE QUALIFIED EXPERT WITNESSES , THAT THE PARENTS '18
CONTINUED CUSTODY OF THE INDIAN CHILD IS LIKELY TO RESULT IN19
SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE CHILD .20
(b) T
HE COURT MAY NOT ENTER AN ORDER TERMINATING21
PARENTAL RIGHTS OF AN INDIAN CHILD UNLESS:22
(I) T
HE COURT HAS OFFERED THE PARTIES THE OPPORTUNITY TO23
PARTICIPATE IN MEDIATION;24
(II) A
CTIVE EFFORTS TO REUNITE THE INDIAN FAMILY DID NOT25
ELIMINATE THE NECESSITY FOR TERMINATION BASED ON SERIOUS26
EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD; AND27
HB25-1204
-56- (III) THE COURT HAS CONSIDERED AND ELIMINATED ANY LESS1
DRASTIC ALTERNATIVES TO TERMINATION , INCLUDING, BUT NOT LIMITED2
TO, ALLOCATION OF PARENTAL RESPONSIBILITIES , GUARDIANSHIP, AND3
TRIBAL CUSTOMARY ADOPTION .4
(3) T
HE EVIDENCE REQUIRED PURSUANT TO THIS SECTION MUST5
SHOW A CAUSAL RELATIONSHIP BETWEEN THE PARTICULAR CONDITIONS IN6
THE INDIAN CHILD'S HOME AND THE LIKELIHOOD THAT CONTINUED7
CUSTODY OF THE INDIAN CHILD BY THE INDIAN CHILD'S PARENT OR8
PARENTS WILL RESULT IN SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO9
THE PARTICULAR INDIAN CHILD WHO IS THE SUBJECT OF THE CHILD10
CUSTODY PROCEEDING . EVIDENCE THAT SHOWS THE EXISTENCE OF11
COMMUNITY OR FAMILY POVERTY , ISOLATION, SINGLE PARENTHOOD,12
CUSTODIAN AGE, CROWDED OR INADEQUATE HOUSING , SUBSTANCE ABUSE,13
OR NONCONFORMING SOCIAL BEHAVIOR DOES NOT , BY ITSELF, ESTABLISH14
A CAUSAL RELATIONSHIP AS REQUIRED BY THIS SECTION .15
(4) A
PETITIONING OR FILING PARTY FILING A MOTION TO16
TERMINATE PARENTAL RIGHTS OF AN INDIAN CHILD SHALL DOCUMENT IN17
THE MOTION WHAT EFFORTS HAVE BEEN MADE TO EXPLORE TRIBAL18
CUSTOMARY ADOPTION PURSUANT TO SECTION 19-1.2-124.19
(5) I
F REQUESTED BY THE TRIBE, THE TERMINATION ORDER MUST20
INCLUDE A PROVISION THAT THE PETITIONING OR FILING PARTY MAINTAIN21
CONNECTIONS BETWEEN THE INDIAN CHILD AND THE INDIAN CHILD'S22
TRIBE.23
(6)
THE RIGHTS OF ONE PARENT MAY BE TERMINATED WITHOUT24
AFFECTING THE RIGHTS OF THE OTHER PARENT .25
19-1.2-126. Voluntary consent - foster care placement,26
relinquishment of parental rights, or adoption - requirements - when27
HB25-1204
-57- not valid. (1) W HEN A PARENT OR INDIAN CUSTODIAN VOLUNTARILY1
CONSENTS TO A FOSTER CARE, PRE-ADOPTIVE OR ADOPTIVE PLACEMENT ,2
OR TO TERMINATE PARENTAL RIGHTS , THE CONSENT IS NOT VALID UNLESS3
EXECUTED IN WRITING AND RECORDED BEFORE A JUDGE OF A COURT OF4
COMPETENT JURISDICTION AND ACCOMPANIED BY THE J UDGE 'S5
CERTIFICATE THAT THE TERMS AND CONSEQUENCES OF THE CONSENT6
WERE FULLY EXPLAINED IN DETAIL AND FULLY UNDERSTOOD BY THE7
PARENT OR INDIAN CUSTODIAN. THE COURT SHALL ALSO CERTIFY THAT8
EITHER THE PARENT OR INDIAN CUSTODIAN FULLY UNDERSTOOD THE9
EXPLANATION IN ENGLISH OR THAT IT WAS INTERPRETED INTO A10
LANGUAGE THAT THE PARENT OR INDIAN CUSTODIAN UNDERSTOOD . ANY11
CONSENT GIVEN PRIOR TO, OR WITHIN TEN DAYS AFTER, BIRTH OF THE12
I
NDIAN CHILD IS NOT VALID.13
(2) A
PARENT OR INDIAN CUSTODIAN MAY WITHDRAW CONSENT TO14
A FOSTER CARE PLACEMENT PURSUANT TO STATE LAW AT ANY TIME , AND,15
UPON SUCH WITHDRAWAL , THE INDIAN CHILD MUST BE RETURNED TO THE16
PARENT OR INDIAN CUSTODIAN.17
(3) I
N A VOLUNTARY PROCEEDING FOR TERMINATION OF PARENTAL18
RIGHTS TO, OR ADOPTIVE PLACEMENT OF, AN INDIAN CHILD, THE CONSENT19
OF THE INDIAN CHILD'S PARENT MAY BE WITHDRAWN FOR ANY REASON AT20
ANY TIME PRIOR TO THE ENTRY OF A FINAL DECREE OF TERMINATION OF21
PARENTAL RIGHTS OR ADOPTION , AS THE CASE MAY BE, AND THE INDIAN22
CHILD MUST BE RETURNED TO THE INDIAN CHILD'S PARENT.23
19-1.2-127. Tribal-state agreements - purpose - requirements.24
(1) (a) T
HE STATE DEPARTMENT SHALL CONTINUE TO MAKE GOOD FAITH25
EFFORTS TO FOLLOW AND REVISE TRIBAL -STATE CHILD WELFARE26
AGREEMENTS WITH THE SOUTHERN UTE INDIAN TRIBE AND THE UTE27
HB25-1204
-58- MOUNTAIN UTE INDIAN TRIBE. THE STATE DEPARTMENT SHALL REVISE A1
TRIBAL-STATE CHILD WELFARE AGREEMENT UPON THE REQUEST OF , AND2
IN CONJUNCTION WITH, THE REQUESTING INDIAN TRIBE.3
(b) T
HE STATE DEPARTMENT MAY ALSO ENTER INTO A4
TRIBAL-STATE CHILD WELFARE AGREEMENT WITH ANY INDIAN TRIBE5
OUTSIDE OF COLORADO THAT HAS A SIGNIFICANT NUMBER OF MEMBER6
CHILDREN OR MEMBERSHIP-ELIGIBLE CHILDREN RESIDING IN THIS STATE.7
(2) T
HE PURPOSES OF A TRIBAL -STATE CHILD WELFARE8
AGREEMENT ARE TO PROMOTE THE CONTINUED EXISTENCE AND INTEGRITY9
OF THE INDIAN TRIBE AS A POLITICAL ENTITY AND TO PROTECT THE VITAL10
INTERESTS OF INDIAN CHILDREN IN SECURING AND MAINTAINING11
POLITICAL, CULTURAL, AND SOCIAL RELATIONSHIPS WITH THEIR TRIBE AND12
FAMILY.13
(3) A
TRIBAL-STATE CHILD WELFARE AGREEMENT MAY INCLUDE14
AGREEMENTS REGARDING DEFAULT JURISDICTION OVER CASES IN WHICH15
THE STATE COURTS AND TRIBAL COURTS HAVE CONCURRENT16
JURISDICTION; THE TRANSFER OF CASES BETWEEN STATE COURTS AND17
TRIBAL COURTS; THE ASSESSMENT, REMOVAL, PLACEMENT, CUSTODY, AND18
ADOPTION OF INDIAN CHILDREN; AND ANY OTHER CHILD WELFARE19
SERVICES PROVIDED TO INDIAN CHILDREN.20
(4) A
TRIBAL-STATE CHILD WELFARE AGREEMENT MUST :21
(a) P
ROVIDE FOR THE COOPERATIVE DELIVERY OF CHILD WELFARE22
SERVICES TO INDIAN CHILDREN IN COLORADO, INCLUDING THE23
UTILIZATION, TO THE EXTENT AVAILABLE, OF SERVICES PROVIDED BY THE24
I
NDIAN TRIBE OR AN ORGANIZATION WHOSE MISSION IS TO SERVE THE25
A
MERICAN INDIAN OR ALASKA NATIVE POPULATION TO IMPLEMENT THE26
TERMS OF THE TRIBAL-STATE CHILD WELFARE AGREEMENT ; AND27
HB25-1204
-59- (b) IF SERVICES PROVIDED BY THE INDIAN TRIBE OR AN1
ORGANIZATION WHOSE MISSION IS TO SERVE THE AMERICAN INDIAN OR2
A
LASKA NATIVE POPULATION ARE UNAVAILABLE , PROVIDE FOR THE STATE3
DEPARTMENT'S USE OF COMMUNITY SERVICES AND RESOURCES DEVELOPED4
SPECIFICALLY FOR INDIAN FAMILIES AND THAT HAVE THE DEMONSTRATED5
CAPACITY TO PROVIDE CULTURALLY RELEVANT AND EFFECTIVE SERVICES6
TO INDIAN CHILDREN.7
19-1.2-128. Collateral attack. (1) A
FTER THE ENTRY OF A FINAL8
DECREE OF ADOPTION OF AN INDIAN CHILD, THE INDIAN CHILD'S PARENT9
MAY WITHDRAW CONSENT UPON THE GROUNDS THAT CONSENT WAS10
OBTAINED THROUGH FRAUD OR DURE SS AND MAY PETITION THE COURT TO11
VACATE THE DECREE.12
(2) U
PON A FINDING THAT CONSENT WAS OBTAINED THROUGH13
FRAUD OR DURESS, THE COURT SHALL VACATE THE DECREE OF ADOPTION14
AND ORDER THE RETURN OF THE INDIAN CHILD TO THE INDIAN CHILD'S15
PARENT.16
(3) A
N ADOPTION THAT HAS BEEN EFFECTIVE FOR AT LEAST TWO17
YEARS SHALL NOT BE INVALIDATED PURSUANT TO THIS SECTION UNLESS18
OTHERWISE PERMITTED BY STATE LAW .19
19-1.2-129. Report. (1) (a) O
N OR BEFORE SEPTEMBER 15, 2027,20
AND EVERY ODD -NUMBERED YEAR THEREAFTER , THE JUDICIAL21
DEPARTMENT SHALL PROVIDE THE FOLLOWING INFORMATION FOR THE22
PRIOR TWO-YEAR PERIOD TO THE STATE DEPARTMENT :23
(I) T
HE NUMBER OF INDIAN CHILDREN INVOLVED IN DEPENDENCY24
AND NEGLECT PROCEEDINGS ;25
(II) T
HE DATES OUT-OF-HOME PLACEMENT WERE ORDERED FOR26
I
NDIAN CHILDREN IN PROTECTIVE CUSTODY ;27
HB25-1204
-60- (III) THE RATIO OF INDIAN CHILDREN TO NON-INDIAN CHILDREN IN1
PROTECTIVE CUSTODY; AND2
(IV) T
HE NUMBER OF CASES THAT WERE TRANSFERRED TO A3
TRIBAL COURT PURSUANT TO SECTIONS 19-1.2-118 AND 19-1.2-119.4
(b) O
N OR BEFORE SEPTEMBER 15, 2027, AND EVERY5
ODD-NUMBERED YEAR THEREAFTER , THE STATE DEPARTMENT SHALL6
COMPILE THE FOLLOWING INFORMATION FOR THE PRIOR TWO -YEAR7
PERIOD:8
(I) W
HICH TRIBES THE INDIAN CHILDREN WHO WERE IN9
PROTECTIVE CUSTODY WERE MEMBERS OF OR ELIGIBLE FOR MEMBERSHIP10
IN;11
(II) T
HE NUMBER OF INDIAN CHILDREN IN FOSTER CARE WHO ARE12
IN EACH OF THE PLACEMENT PREFERENCE CATEGORIES DESCRIBED IN13
SECTION 19-1.2-120 AND THE NUMBER OF THOSE PLACEMENTS THAT HAVE14
I
NDIAN PARENTS IN THE HOME;15
(III) T
HE NUMBER OF INDIAN CHILDREN PLACED IN ADOPTIVE16
HOMES FROM THE CHILD WELFARE SYSTEM IN COLORADO IN EACH OF THE17
PLACEMENT PREFERENCE CATEGORIES DESCRIBED IN SECTION 19-1.2-12018
AND THE NUMBER OF THOSE PLACEMENTS THAT HAVE INDIAN PARENTS IN19
THE HOME;20
(IV) T
HE NUMBER OF AVAILABLE PLACEMENTS AND COMMON21
BARRIERS TO RECRUITMENT AND RETENTION OF APPROPRIATE22
PLACEMENTS;23
(V) T
HE NUMBER OF TIMES THE COURT FOUND THAT GOOD CAUSE24
EXISTED TO DEVIATE FROM THE STATUTORY PLACEMENT PREFERENCE25
CATEGORIES DESCRIBED IN SECTION 19-1.2-120 WHEN MAKING A FINDING26
REGARDING THE PLACEMENT OF A CHILD IN A DEPENDENCY AND NEGLECT27
HB25-1204
-61- PROCEEDING;1
(VI) T
HE NUMBER OF CASES THAT WERE TRANSFERRED TO A2
TRIBAL COURT PURSUANT TO SECTIONS 19-1.2-118 AND 19-1.2-119;3
(VII) T
HE NUMBER OF TIMES THE COURT FOUND GOOD CAUSE TO4
DECLINE TO TRANSFER JURISDICTION OF A DEPENDENCY AND NEGLECT5
PROCEEDING TO A TRIBAL COURT UPON REQUEST AND THE MOST COMMON6
REASONS THE COURT FOUND GOOD CAUSE TO DECLINE A TRANSFER7
PETITION;8
(VIII) T
HE EFFORTS TAKEN BY THE DEPARTMENT OF HUMAN9
SERVICES AND THE JUDICIAL DEPARTMENT TO ENSURE COMPLIANCE WITH10
THIS ARTICLE 1.2 IN DEPENDENCY AND NEGLECT PROCEEDINGS RELATED11
TO AN INDIAN CHILD;12
(IX) T
HE NUMBER OF ICWA COMPLIANCE REPORTS, AS DESCRIBED13
IN THIS SECTION, IN WHICH THE DEPARTMENT OF HUMAN SERVICES14
REPORTED THE PETITIONER'S DOCUMENTATION WAS INSUFFICIENT FOR THE15
COURT TO MAKE A FINDING REGARDING WHETHER THE PETITIONER16
COMPLIED WITH THE INQUIRY OR NOTICE REQUIREMENTS REQUIRED17
PURSUANT TO THIS ARTICLE 1.2; AND18
(X) T
HE TOTAL NUMBER AND THE RATIO OF ALL ICWA19
COMPLIANCE REPORTS THAT INDICATED THERE WAS A REASON TO KNOW20
THAT THE CHILD WAS AN INDIAN CHILD.21
(c) N
O LATER THAN FEBRUARY 1, 2028, AND EVERY22
EVEN-NUMBERED YEAR THEREAFTER , THE STATE DEPARTMENT SHALL23
REPORT THE FINDINGS OF THE INFORMATION COMPILED PURSUANT TO24
SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION TO THE HOUSE OF25
REPRESENTATIVES HEALTH AND HUMAN SERVICES COMMITTEE , THE HOUSE26
OF REPRESENTATIVES JUDICIARY COMMITTEE , THE SENATE HEALTH AND27
HB25-1204
-62- HUMAN SERVICES COMMITTEE , AND THE SENATE JUDICIARY COMMITTEE ,1
OR THEIR SUCCESSOR COMMITTEES .2
(2) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1363
(11)(a)(I),
THE REPORT REQUIRED PURSUANT TO THIS SECTION CONTINUES4
INDEFINITELY.5
19-1.2-130. Conflict of laws. (1) I
F ANY PROVISION OF THIS6
SECTION 1.2 IS FOUND TO PROVIDE A LOWER STANDARD OF PROTECTION TO7
THE RIGHTS OF AN INDIAN CHILD OR THE INDIAN CHILD'S PARENT, INDIAN8
CUSTODIAN, OR TRIBE THAN THE FEDERAL "INDIAN CHILD WELFARE ACT9
OF 1978":10
(a) T
HE HIGHER STANDARD OF PROTECTION IN THE FEDERAL11
"I
NDIAN CHILD WELFARE ACT OF 1978" CONTROLS; AND12
(b) T
HE CONFLICTING PROVISION DOES NOT RENDER ANY13
REMAINING PROVISIONS OF THIS ARTICLE 1.2 INOPERATIVE THAT PROVIDE14
A HIGHER STANDARD OF PROTECTION THAN THE FEDERAL "INDIAN CHILD15
W
ELFARE ACT OF 1978".16
19-1.2-131. Full faith and credit. T
HE COURT SHALL GIVE FULL17
FAITH AND CREDIT TO THE PUBLIC ACTS , RECORDS, AND JUDICIAL18
PROCEEDINGS OF AN INDIAN TRIBE APPLICABLE TO AN INDIAN CHILD19
CUSTODY PROCEEDING , INCLUDING, BUT NOT LIMITED TO , TRIBAL20
CUSTOMARY ADOPTIONS , TO THE SAME EXTENT THAT THE STATE GIVES21
FULL FAITH AND CREDIT TO THE PUBLIC ACTS , RECORDS, AND JUDICIAL22
PROCEEDINGS OF ANY OTHER GOVERNMENTAL ENTITY . BY GRANTING FULL23
FAITH AND CREDIT PURSUANT TO THIS SECTION , A TRIBAL COURT ORDER24
IS ENFORCEABLE PURSUANT TO SECTIONS 13-53-102 AND 13-53-103.25
19-1.2-132. Rules. T
HE DEPARTMENT OF HUMAN SERVICES AND26
THE JUDICIAL DEPARTMENT MAY ADOPT RULES AS NECESSARY TO27
HB25-1204
-63- IMPLEMENT THIS ARTICLE 1.2.1
SECTION 3. In Colorado Revised Statutes, 19-3-702, amend2
(4)(e) introductory portion; and add (4)(e)(III.5) as follows:3
19-3-702. Permanency hearing. (4) (e) If the court finds that4
there is not a substantial probability that the child or youth will be5
returned to a parent or legal guardian within six months and the child or6
youth appears to be adoptable and meets the criteria for adoption in7
section 19-5-203, the court may order the A county department of human8
or social services to show cause why it should not file a motion to9
terminate the parent-child legal relationship pursuant to part 6 of this10
article 3. Cause may include, but is not limited to, any of the following11
conditions:12
(III.5) T
HE COURT, IN A PROCEEDING INVOLVING AN INDIAN CHILD,13
HAS DETERMINED THAT ACTIVE EFFORTS , AS DEFINED IN SECTION14
19-1.2-103
AND DESCRIBED IN SECTION 19-1.2-111, HAVE NOT BEEN15
MADE;16
SECTION 4. In Colorado Revised Statutes, 19-1-103, amend17
(83), (84), and (85) as follows:18
19-1-103. Definitions. As used in this title 19 or in the specified19
portion of this title 19, unless the context otherwise requires:20
(83) "Indian child" means an unmarried person who is younger
21
than eighteen years of age and who is either: HAS THE SAME MEANING AS22
SET FORTH IN SECTION 19-1.2-103.23
(a) A member of an Indian tribe; or24
(b) Eligible for membership in an Indian tribe and who is the25
biological child of a member of an Indian tribe.26
(84) "Indian child's tribe" means: HAS THE MEANING DETERMINED27
HB25-1204
-64- PURSUANT TO SECTION 19-1.2-108.1
(a) The Indian tribe in which an Indian child is a member or2
eligible for membership; or3
(b) In the case of an Indian child who is a member of or eligible4
for membership in more than one tribe, the Indian tribe with which the5
Indian child has the most significant contacts.6
(85) "Indian tribe" means an Indian tribe, band, nation, or other7
organized group or community of Indians recognized as eligible for the8
federal governmental services provided to Indians because of their status9
as Indians HAS THE SAME MEANING AS SET FORTH IN SECTION 19-1.2-103.10
SECTION 5. In Colorado Revised Statutes, 19-2.5-502, amend11
(5)(a) introductory portion and (5)(b) as follows:12
19-2.5-502. Petition initiation - petition form and content.13
(5) (a) Pursuant to section 19-1-126 ARTICLE 1.2 OF THIS TITLE 19, in14
those delinquency proceedings to which the federal "Indian Child Welfare15
Act of 1978", 25 U.S.C. sec. 1901 et seq., as amended, applies, including,16
but not limited to, status offenses such as the illegal possession or17
consumption of ethyl alcohol or marijuana by an underage person18
INDIVIDUAL or illegal possession of marijuana paraphernalia by an19
underage person, as described in section 18-13-122, and possession of20
handguns by juveniles, as described in section 18-12-108.5, the petition21
must:22
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian23
custodian of the child
and to the Indian child's tribe pursuant to section24
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts must be25
attached to the petition and filed with the court or filed within fourteen26
days after the filing of the petition, as specified in section 19-1-126 (1)(c)27
HB25-1204
-65- ARTICLE 1.2 OF THIS TITLE 19.1
SECTION 6. In Colorado Revised Statutes, 19-3-502, amend2
(2.7)(a) introductory portion and (2.7)(b) as follows:3
19-3-502. Petition form and content - limitations on claims in4
dependency or neglect actions. (2.7) (a) Pursuant to the provisions of5
section 19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the petition must:6
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian7
custodian of the child
and to the Indian child's tribe pursuant to section8
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts shall MUST be9
attached to the petition and filed with the court or filed within ten10
FOURTEEN days after the filing of the petition, as specified in section11
19-1-126 (1)(c) ARTICLE 1.2 OF THIS TITLE 19.12
SECTION 7. In Colorado Revised Statutes, 19-3-602, amend13
(1.5)(a) introductory portion and (1.5)(b) as follows:14
19-3-602. Motion for termination - separate hearing - right to15
counsel - no jury trial. (1.5) (a) Pursuant to the provisions of section16
19-1-126 SECTION 19-1.2-125, the motion for termination must:17
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian18
custodian of the child
and to the Indian child's tribe, pursuant to section19
19-1-126 SECTION 19-1.2-108, the postal receipts, or copies thereof, shall20
MUST be attached to the motion for termination and filed with the court21
or filed within ten FOURTEEN days after the filing of the motion for22
termination, as specified in section 19-1-126 (1)(c) SECTION 19-1.2-125.23
SECTION 8. In Colorado Revised Statutes, 19-5-103, amend24
(1.5)(a) introductory portion and (1.5)(b) as follows:25
19-5-103. Relinquishment procedure - petition - hearings.26
(1.5) (a) Pursuant to the provisions of section 19-1-126 ARTICLE 1.2 OF27
HB25-1204
-66- THIS TITLE 19, the petition for relinquishment shall MUST:1
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian2
custodian of the child
and to the Indian child's tribe pursuant to section3
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts shall MUST be4
attached to the petition and filed with the court or filed within fourteen5
days after the filing of the petition, as specified in section 19-1-126 (1)(c)6
ARTICLE 1.2 OF THIS TITLE 19.7
SECTION 9. In Colorado Revised Statutes, 19-5-105.5, amend8
(7.3) as follows:9
19-5-105.5. Termination of parent-child legal relationship10
upon a finding that the child was conceived as a result of sexual11
assault - legislative declaration - definitions. (7.3) If the child is an12
Indian child, the court shall ensure compliance with the federal "Indian13
Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and the14
provisions of section 19-1-126 ARTICLE 1.2 OF THIS TITLE 19.15
SECTION 10. In Colorado Revised Statutes, 19-5-105.7, amend16
(11)(b) as follows:17
19-5-105.7. Termination of parent-child legal relationship in18
a case of an allegation that a child was conceived as a result of sexual19
assault but in which no conviction occurred - legislative declaration20
- definitions. (11) (b) If the child is an Indian child, the court shall21
ensure compliance with the federal "Indian Child Welfare Act of 1978",22
25 U.S.C. sec. 1901 et seq., and the provisions of section 19-1-12623
ARTICLE 1.2 OF THIS TITLE 19.24
SECTION 11. In Colorado Revised Statutes, 19-5-208, amend25
(2.5)(a) introductory portion and (2.5)(b) as follows:26
19-5-208. Petition for adoption - open adoption - post-adoption27
HB25-1204
-67- contact agreement. (2.5) (a) Pursuant to the provisions of section1
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the petition for adoption must:2
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian3
custodian of the child
and to the Indian child's tribe pursuant to section4
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts, or copies5
thereof, shall MUST be attached to the petition for adoption and filed with6
the court or filed within ten FOURTEEN days after the filing of the petition7
for adoption, as specified in section 19-1-126 (1)(c) ARTICLE 1.2 OF THIS8
TITLE 19.9
SECTION 12. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
HB25-1204
-68-