HB 25-1204
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
HB 25-1204: CO INDIAN CHILD WELFARE ACT
Prime Sponsors:
Rep. Duran; Joseph
Published for: House Appropriations
Drafting number: LLS 25-0214
Fiscal Analyst:
Shukria Maktabi, 303-866-4720
shukria.maktabi@coleg.gov
Version: First Revised Note
Date: March 10, 20255
Fiscal note status: The fiscal note reflects the introduced bill, as amended by the House Health and
Human Services Committee.
Summary Information
Overview. The bill creates the Colorado Indian Child Welfare Act, which codifies federal protections for
Indian children and adds additional state protections.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
Minimal State Workload Local Government
Appropriations. No appropriation is required.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures (General Fund) $0 $0
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE
Page 2
March 10, 20255 HB 25-1204
Summary of Legislation
The bill codifies the federal Indian Child Welfare Act of 1978 (ICWA) into state statute as the
Colorado Indian Child Welfare Act, which provides the minimum federal standards and
protections for the removal and placement of Indian children in homes. It also provides
additional protections for Indian children under state law.
For court proceedings involving Indian children, the bill outlines court procedures for
determining a child's tribal membership, ensuring tribal participation in proceedings, and
prioritizing placement preferences with family and tribe members. The bill requires active efforts
in verifying a child’s tribal status, requires providing notice to parents and tribes, and provides
guidelines for emergency hearings involving Indian children. It recognizes tribal jurisdiction over
cases involving Indian children, ensures court-appointed counsel for indigent families, and
allows the state to enter into and revise agreements with tribes regarding child welfare cases.
The bill also requires the Judicial Department and Department of Human Services (CDHS) to
report certain information on Indian children beginning in FY 2027-28, and every odd year after.
State Expenditures
The bill minimally affects workload in CDHS, the Judicial Department, and independent judicial
agencies, as described below.
Department of Human Services
Workload will increase for CDHS to report ICWA-related information, including the tribes where
Indian children were place in protective custody, the number of children in foster care and
adoptive homes, and the availability and common barriers to appropriate placements for Indian
children. This workload is expected to be minimal and absorbable within current resources.
Judicial Department
The bill makes changes to current court processes for ICWA cases, including requiring
translation services, allowing access to records by tribal courts, and appointing counsel for
indigent families in non-dependency and neglect cases. Workload will also increase for required
reporting by the Department. Based on the current number of ICWA cases heard annually, and
as existing ICWA processes are already in place, the additional workload is expected to be
minimal and absorbable within existing resources.
Independent Judicial Agencies
Workload will minimally increase for the Office of the Respondent Parents’ Counsel and Office of
the Child's Representative to train and support attorneys on the new ICWA requirements. Like
the Judicial Department, this impact is expected to be absorbed within existing appropriations
as the bill codifies federal law and clarifies state practices. Page 3
March 10, 20255 HB 25-1204
Local Government
The bill increases workload for county department of human services to comply and train staff
on updated ICWA requirements. However, as the bill primarily codifies existing federal law, the
impact is expected to be manageable within current resources.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State and Local Government Contacts
Child Welfare
Counties
Human Services
Judicial
Law
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.