First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0214.02 Shelby Ross x4510
HOUSE BILL 25-1204
House Committees Senate Committees
Health & Human Services
Appropriations
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
Amended 2nd Reading
March 18, 2025
HOUSE SPONSORSHIP
Duran and Joseph,
SENATE SPONSORSHIP
Danielson,
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
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
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
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
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
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
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
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
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
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
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.
25
(5) (a) "D
OMICILE" MEANS THE PLACE AN INDIVIDUAL REGARDS AS26
HOME, WHERE THE INDIVIDUAL INTENDS TO REMAIN , OR TO WHICH, IF27
1204
-12- ABSENT, THE INDIVIDUAL INTENDS TO RETURN.1
(b) A
N INDIAN CHILD'S DOMICILE, IN ORDER OF PRIORITY, IS THE2
DOMICILE OF:3
(I) T
HE INDIAN CHILD'S PARENTS OR, IF THE INDIAN CHILD'S4
PARENTS DO NOT HAVE THE SAME DOMICILE , THE INDIAN CHILD'S PARENT5
WHO HAS PHYSICAL CUSTODY OF THE INDIAN CHILD;6
(II) T
HE INDIAN CHILD'S INDIAN CUSTODIAN; OR7
(III) T
HE INDIAN CHILD'S GUARDIAN.8
(6) "D
UE DILIGENCE" MEANS THE EARNEST ENDEAVOR OF THE9
COURT AND THE PETITIONING OR FILING PARTY TO INVESTIGATE THE BASIS10
FOR A PARTY'S OR OTHER INDIVIDUAL'S ASSERTION THAT A CHILD MAY BE11
AN INDIAN CHILD, AS DESCRIBED IN SECTION 19-1.2-108.12
(7) "E
MERGENCY PROCEEDING " MEANS ANY COURT ACTION THAT13
INVOLVES THE EMERGENCY REMOVAL OR EMERGENCY PLACEMENT OF AN14
I
NDIAN CHILD, INCLUDING REMOVAL PURSUANT TO SECTION 19-1.2-110,15
19-1.2-124,
19-3-405, 14-10-129 (4), OR 15-14-204 (5) WITH OR WITHOUT16
A PROTECTIVE CUSTODY ORDER , OR A TEMPORARY SHELTER CARE17
PROCEEDING PURSUANT TO SECTION 19-3-401 OR 19-3-403.18
(8) (a) "E
XTENDED FAMILY MEMBER " HAS THE SAME MEANING AS19
GIVEN IN THE TRIBAL LAW OR TRIBAL CUSTOM OF THE INDIAN CHILD'S20
TRIBE.21
(b) I
F THE MEANING OF "EXTENDED FAMILY MEMBER " CANNOT BE22
DETERMINED PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION,23
"
EXTENDED FAMILY MEMBER " MEANS AN INDIVIDUAL WHO HAS ATTAINED24
EIGHTEEN YEARS OF AGE AND WHO IS THE INDIAN CHILD'S GRANDPARENT,25
AUNT, UNCLE, BROTHER, SISTER, BROTHER-IN-LAW, SISTER-IN-LAW, NIECE,26
NEPHEW, FIRST OR SECOND COUSIN , GODPARENT, STEPPARENT, OR27
1204
-13- STEPGRANDPARENT, OR AS DETERMINED BY THE INDIAN CHILD'S TRIBE1
MEMBER. EVEN FOLLOWING TERMINATION OF A MARRIAGE , A GODPARENT,2
STEPPARENT, OR STEPGRANDPARENT IS CONSIDERED AN "EXTENDED3
FAMILY MEMBER".4
(9) "I
NDIAN" MEANS AN INDIVIDUAL WHO IS A MEMBER OF AN5
I
NDIAN TRIBE OR WHO IS AN ALASKA NATIVE AND A MEMBER OF A6
REGIONAL CORPORATION, AS DEFINED IN THE "ALASKA NATIVE CLAIMS7
S
ETTLEMENT ACT", 43 U.S.C. SEC. 1606.8
(10) "I
NDIAN CHILD" MEANS AN UNMARRIED INDIVIDUAL WHO HAS9
NOT ATTAINED EIGHTEEN YEARS OF AGE AND :10
(a) I
S A MEMBER OR CITIZEN OF AN INDIAN TRIBE; OR11
(b) I
S ELIGIBLE FOR MEMBERSHIP OR CITIZENSHIP IN AN INDIAN12
TRIBE AS DETERMINED BY THAT INDIAN TRIBE IN WRITING OR ORALLY ON13
THE RECORD AND IS THE BIOLOGICAL CHILD OF A MEMBER OF AN INDIAN14
TRIBE.15
(11) "I
NDIAN CHILD WELFARE ACT OF 1978" OR "ICWA" MEANS16
THE FEDERAL LAW FOUND AT 25 U.S.C. SEC. 1901 ET SEQ. AND ITS17
IMPLEMENTING REGULATIONS .18
(12) "I
NDIAN CUSTODIAN" MEANS AN INDIAN, OTHER THAN THE19
I
NDIAN CHILD'S PARENT, WHO HAS BEEN GRANTED LEGAL CUSTODY OR20
GUARDIANSHIP OF THE INDIAN CHILD PURSUANT TO TRIBAL LAW , TRIBAL21
CUSTOM, OR STATE LAW, OR TO WHOM TEMPORARY PHYSICAL CARE ,22
CUSTODY, AND CONTROL HAS BEEN TRANSFERRED BY THE INDIAN CHILD'S23
PARENT OUTSIDE THE INVOLVEMENT OF A CHILD WELFARE OR CHILD24
PLACEMENT AGENCY.25
(13) "I
NDIAN ORGANIZATION" MEANS A GROUP, ASSOCIATION,26
PARTNERSHIP, CORPORATION, OR OTHER LEGAL ENTITY OWNED OR27
1204
-14- CONTROLLED BY INDIANS OR WITH A MAJORITY OF INDIAN MEMBERS.1
(14) "I
NDIAN TRIBE" OR "TRIBE" MEANS AN INDIAN TRIBE, CLAN,2
BAND, NATION, OR OTHER ORGANIZED GROUP OR COMMUNITY OF INDIANS3
FEDERALLY RECOGNIZED AS ELIGIBLE FOR THE SERVICES PROVIDED TO4
I
NDIANS BY THE UNITED STATES SECRETARY OF THE INTERIOR BECAUSE5
OF THEIR STATUS AS INDIANS, INCLUDING ANY ALASKA NATIVE VILLAGE6
AS DEFINED IN THE FEDERAL "ALASKA NATIVE CLAIMS SETTLEMENT7
A
CT", 43 U.S.C. SEC. 1602 (c).8
(15) "M
EMBER" OR "MEMBERSHIP" MEANS A DETERMINATION BY9
AN INDIAN TRIBE THROUGH ITS TRIBAL LAW OR TRIBAL CUSTOM THAT AN10
INDIVIDUAL IS A MEMBER OR CITIZEN OF THAT INDIAN TRIBE.11
(16) "P
ARENT" MEANS:12
(a) A
BIOLOGICAL PARENT OF AN INDIAN CHILD, EXCEPT FOR AN13
UNWED FATHER WHOSE PARENTAGE HAS NOT BEEN ACKNOWLEDGED OR14
ESTABLISHED PURSUANT TO SECTION 19-1.2-105, THE "UNIFORM15
P
ARENTAGE ACT", ARTICLE 4 OF THIS TITLE 19, OR TRIBAL LAW;16
(b) A
N INDIVIDUAL WHO HAS LAWFULLY ADOPTED AN INDIAN17
CHILD, INCLUDING AN ADOPTION MADE PURSUANT TO TRIBAL LAW OR18
TRIBAL CUSTOM; OR19
(c) A
PARENT WHOSE PARENTAGE HAS BEEN ACKNOWLEDGED OR20
ESTABLISHED PURSUANT TO SECTION 19-1.2-105, THE "UNIFORM21
P
ARENTAGE ACT", ARTICLE 4 OF THIS TITLE 19, OR TRIBAL LAW.22
(17) "P
ARTY" OR "PARTIES" MEANS A PARTY TO A CHILD CUSTODY23
PROCEEDING.24
(18) "R
EASON TO KNOW" MEANS THAT A COURT OR A PETITIONING25
OR FILING PARTY HAS REASON TO KNOW THAT A CHILD IS AN INDIAN26
CHILD, AS DESCRIBED IN SECTION 19-1.2-108.27
1204
-15- (19) "RESERVATION" MEANS:1
(a) I
NDIAN COUNTRY, AS DEFINED IN 18 U.S.C. SEC. 1151, AND2
ANY LANDS NOT COVERED PURSUANT TO THAT SECTION AND TITLE THAT3
ARE HELD BY THE UNITED STATES IN TRUST FOR THE BENEFIT OF AN4
I
NDIAN TRIBE OR INDIVIDUAL OR HELD BY AN INDIAN TRIBE OR INDIVIDUAL5
SUBJECT TO A RESTRICTION BY THE UNITED STATES AGAINST ALIENATION;6
OR7
(b) F
OR THE SOUTHERN UTE INDIAN RESERVATION, THOSE LANDS8
INCLUDE ANY LANDS CONFIRMED PURSUANT TO PUB.L. 98-290 AND ANY9
OTHER LAND SUBSEQUENTLY PLACED IN TRUST BY THE UNITED STATES10
FOR THE SOUTHERN UTE INDIAN TRIBE'S BENEFIT.11
(20) "T
ERMINATION OF PARENTAL RIGHTS " INCLUDES THE12
TERMINATION OF PARENTAL RIGHTS PURSUANT TO SECTION 19-3-604 OR13
THE TERMINATION OF PARENTAL RIGHTS RESULTING FROM AN ADOPTION14
PROCEEDING PURSUANT TO SECTION 19-5-101, 19-5-105.5, OR 19-5-105.7.15
(21) "T
RIBAL COURT" MEANS A COURT WITH JURISDICTION OVER16
I
NDIAN CHILD CUSTODY PROCEEDINGS THAT IS EITHER A COURT OF INDIAN17
OFFENSES, A COURT ESTABLISHED AND OPERATED UNDER THE LAW OR18
CUSTOM OF AN INDIAN TRIBE, OR ANY OTHER ADMINISTRATIVE B ODY OF19
A TRIBE THAT IS VESTED WITH AUTHORITY OVER INDIAN CHILD CUSTODY20
PROCEEDINGS.21
(22) "T
RIBAL CUSTOMARY ADOPTION " MEANS THE ADOPTION OF22
AN INDIAN CHILD BY AND THROUGH TRIBAL LAW OR TRIBAL CUSTOM OF23
THE INDIAN CHILD'S TRIBE AND THAT MAY BE EFFECTED WITHOUT THE24
TERMINATION OF PARENTAL RIGHTS .25
19-1.2-104. Applicability - incorporation of federal law.26
(1) U
NLESS EXPLICITLY STATED OTHERWISE IN THIS ARTICLE 1.2, ALL27
1204
-16- PROVISIONS OF THIS ARTICLE 1.2 APPLY TO ALL CHILD CUSTODY1
PROCEEDINGS; ANY MATTER BROUGHT PURSUANT TO THE "UNIFORM2
D
ISSOLUTION OF MARRIAGE ACT", ARTICLE 10 OF TITLE 14; THE3
"C
OLORADO PROBATE CODE", ARTICLES 10 TO 17 OF TITLE 15; ALL OTHER4
PRIVATE MATTERS THAT MEET THE DEFINITION OF A CHILD CUSTODY5
PROCEEDING; AND THE "COLORADO CHILDREN'S CODE", THIS TITLE 19.6
(2) I
N A CASE FILED PURSUANT TO THIS ARTICLE 1.2 THAT7
CONSTITUTES A CHILD CUSTODY PROCEEDING , THE COURT AND EACH8
PARTY TO THE PROCEEDING SHALL ALSO COMPLY WITH THE FEDERAL9
IMPLEMENTING REGULATIONS OF THE FEDERAL "INDIAN CHILD WELFARE10
A
CT OF 1978" THAT OUTLINE THE MINIMUM FEDERAL STANDARDS11
GOVERNING ICWA'S IMPLEMENTATION TO ENSURE THAT ICWA IS APPLIED12
IN COLORADO CONSISTENT WITH THE ICWA'S EXPRESS LANGUAGE ,13
CONGRESS'S INTENT IN ENACTING ICWA, AND TO PROMOTE THE STABILITY14
AND SECURITY OF INDIAN CHILDREN, TRIBES, AND FAMILIES.15
(3) A
LL PROVISIONS OF THE FEDERAL "INDIAN CHILD WELFARE16
A
CT OF 1978" ARE INCORPORATED INTO THIS ARTICLE 1.2, EVEN IF NOT17
SPECIFICALLY REFERENCED. THIS ARTICLE 1.2 MAY PROVIDE ADDITIONAL18
PROTECTIONS BEYOND THOSE REQUIRED BY THE FEDERAL ICWA, IN19
WHICH CASE THE PROVISIONS OF THIS ARTICLE 1.2 APPLY.20
19-1.2-105. Parentage of an Indian child - acknowledged or21
established - applicability of article. (1) P
ARENTAGE OF AN INDIAN22
CHILD IS ACKNOWLEDGED OR ESTABLISHED FOR PURPOSES OF THIS23
ARTICLE 1.2 IF THE INDIVIDUAL'S PARENTAGE HAS BEEN:24
(a) E
STABLISHED PURSUANT TO ARTICLE 4 OF THIS TITLE 19;25
(b) E
STABLISHED PURSUANT TO TRIBAL LAW ; OR26
(c) R
ECOGNIZED IN ACCORDANCE WITH TRIBAL CUSTOM .27
1204
-17- (2) (a) FOR PURPOSES OF DETERMINING THE BIOLOGICAL PARENT1
OF AN INDIAN CHILD, A COURT MAY ORDER GENETIC TESTS PURSUANT TO2
SECTION 19-4-112 OR 13-25-126.3
(b) I
F AN INDIVIDUAL FAILS TO COMPLY WITH THE COURT 'S ORDER4
FOR GENETIC TESTS WITHIN A REASONABLE AMOUNT OF TIME , THE COURT5
MAY ISSUE A SUBPOENA PURSUANT TO SECTION 19-4-112 OR ISSUE AN6
ORDER TO COMPEL THE INDIVIDUAL TO APPEAR FOR GENETIC TESTS .7
(c) I
F THE GENETIC TESTS ORDERED PURSUANT TO THIS8
SUBSECTION (2) DO NOT CONFIRM THAT AN INDIVIDUAL IS THE BIOLOGICAL9
PARENT OF THE CHILD AS PROVIDED IN SECTION 19-4-105 (1)(f), OR IF THE10
INDIVIDUAL HAS REFUSED TO CONSENT TO THE GENETIC TESTS , THE11
INDIVIDUAL IS NOT ESTABLISHED AS THE CHILD'S BIOLOGICAL PARENT.12
(3) T
HIS ARTICLE 1.2 APPLIES IN ITS ENTIRETY IF AN INDIVIDUAL IS13
DETERMINED TO BE A PARENT OF AN INDIAN
CHILD, REGARDLESS OF14
WHETHER THE PARENT HAS HAD PRIOR CUSTODY OF THE INDIAN CHILD.15
19-1.2-106. Best interests of an Indian child - factors to16
consider. (1) I
N A CHILD CUSTODY PROCEEDING INVOLVING AN INDIAN17
CHILD, WHEN MAKING A DETERMINATION REGARDING THE BEST INTERESTS18
OF THE INDIAN CHILD, THE COURT SHALL, IN CONSULTATION WITH THE19
I
NDIAN CHILD'S TRIBE AND TRIBAL COMMUNITY,
AS DETERMINED BY THE20
INDIAN CHILD'S TRIBE, CONSIDER THE FOLLOWING:21
(a) T
HE INDIAN CHILD'S MENTAL, PHYSICAL, AND EMOTIONAL22
NEEDS, INCLUDING THE INDIAN CHILD'S PREFERENCES;23
(b) T
HE PREVENTION OF UNNECESSARY OUT -OF-HOME PLACEMENT24
OF THE INDIAN CHILD;25
(c) T
HE PRIORITIZATION OF PLACEMENT OF THE INDIAN CHILD IN26
ACCORDANCE WITH THE PLACEMENT PREFERENCES SET FORTH IN SECTION27
1204
-18- 19-1.2-120;1
(d) T
HE VALUE TO THE INDIAN CHILD OF ESTABLISHING ,2
DEVELOPING, OR MAINTAINING A POLITICAL, CULTURAL, SOCIAL, AND3
SPIRITUAL RELATIONSHIP WITH THE INDIAN CHILD'S TRIBE AND TRIBAL4
COMMUNITY; AND5
(e) T
HE IMPORTANCE TO THE INDIAN CHILD OF THE INDIAN TRIBE'S6
OR TRIBAL COMMUNITY'S ABILITY TO MAINTAIN THE TRIBE'S OR TRIBAL7
COMMUNITY'S EXISTENCE AND INTEGRITY FOR THE STABILITY AND8
SECURITY OF INDIAN CHILDREN AND FAMILIES.9
10
19-1.2-107. Initial disclosures - inquiry and determination -11
form of inquiry - due diligence - Indian child's tribe - written12
findings. (1) Initial disclosures. T
HE PETITIONING OR FILING PARTY13
SHALL DISCLOSE IN THE COMPLAINT, PETITION, OR OTHER COMMENCING14
PLEADING FILED WITH THE COURT THAT THE CHILD WHO IS THE SUBJECT OF15
THE CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD AND THE IDENTITY16
OF THE INDIAN CHILD'S TRIBE OR TRIBES, OR EFFORTS THE PETITIONING OR17
FILING PARTY HAS MADE IN DETERMINING WHETHER THE CHILD IS AN18
I
NDIAN CHILD, INCLUDING, BUT NOT LIMITED TO:19
(a) I
F THE PETITIONING OR FILING PARTY INDICATES IN THE20
COMPLAINT, PETITION, OR OTHER COMMENCING PLEADING THAT THE CHILD21
WHO IS THE SUBJECT OF THE CHILD CUSTODY PROCEEDING IS AN INDIAN22
CHILD, THE PETITIONING OR FILING PARTY SHALL FURTHER IDENTIFY WHAT23
REASONABLE EFFORTS HAVE BEEN MADE TO SEND NOTICE TO THE24
INDIVIDUALS IDENTIFIED IN SUBSECTION (3)(d) OF THIS SECTION;25
(b) T
HE POSTAL RECEIPTS OR COPIES OF POSTAL RECEIPTS FROM26
THE NOTICE SENT PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION27
1204
-19- INDICATING THAT THE NOTICE WAS PROPERLY SENT BY THE PETITIONING1
OR FILING PARTY TO THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN2
AND TO THE INDIAN CHILD'S TRIBE OR TRIBES. THE POSTAL RECEIPTS MUST3
BE ATTACHED TO THE COMPLAINT , PETITION, OR OTHER COMMENCING4
PLEADING FILED WITH THE COURT ; EXCEPT THAT, IF NOTIFICATION HAS5
NOT BEEN PERFECTED AT THE TIME THE INITIAL COMPLAINT , PETITION, OR6
OTHER COMMENCING PLEADING IS FILED WITH THE COURT , OR IF THE7
POSTAL RECEIPTS HAVE NOT BEEN RECEIVED BACK FROM THE POST OFFICE ,8
THE PETITIONING OR FILING PARTY SHALL FILE THE POSTAL RECEIPTS WITH9
THE COURT UPON RECEIPT OF THE POSTAL RECEIPTS .10
(c) A
NY RESPONSES SENT BY A TRIBAL AGENT TO THE PETITIONING11
OR FILING PARTY, A COUNTY DEPARTMENT , OR THE COURT, WHICH12
RESPONSES MUST BE DISTRIBUTED TO THE PARTIES AND FILED WITH THE13
COURT.14
(2) Indian child inquiry and determination. A
T THE15
COMMENCEMENT OF EACH CHILD CUSTODY PROCEEDING , THE COURT16
SHALL MAKE INQUIRIES TO DETERMINE WHETHER THE CHILD WHO IS THE17
SUBJECT OF THE PROCEEDING IS AN INDIAN CHILD. IN DETERMINING18
WHETHER THE CHILD IS AN INDIAN CHILD:19
(a) T
HE COURT SHALL ASK EACH PARTICIPANT IN AN EMERGENCY ,20
VOLUNTARY, OR INVOLUNTARY CHILD CUSTODY PROCEEDING WHETHER21
THE PARTICIPANT KNOWS OR HAS REASON TO KNOW THAT THE CHILD IS AN22
I
NDIAN CHILD OR WHETHER THE PARTICIPANT HAS INFORMATION THAT IS23
RELEVANT TO DETERMINING WHETHER THE CHILD IS AN INDIAN CHILD.24
A
NY RESPONSE TO THE INQUIRY MUST BE MADE ON THE RECORD . THE25
COURT SHALL INSTRUCT THE PARTICIPANTS TO INFORM THE COURT IF A26
PARTICIPANT SUBSEQUENTLY RECEIVES INFORMATION THAT PROVIDES27
1204
-20- REASON TO KNOW THE CHILD IS AN INDIAN CHILD.1
(b) N
O LATER THAN THE FIRST APPEARANCE AFTER AN EXPEDITED2
HEARING HELD PURSUANT TO SECTION 19-3-217 OR 19-3-403, EACH PARTY3
TO THE CHILD CUSTODY PROCEEDING SHALL DISCLOSE TO THE COURT AND4
THE PETITIONING AND FILING PARTIES INFORMATION INDICATING THAT THE5
CHILD IS AN INDIAN CHILD, INCLUDING, BUT NOT LIMITED TO, PROVIDING6
AN IDENTIFICATION CARD INDICATING THE CHILD 'S MEMBERSHIP IN A7
TRIBE. THE COURT SHALL ORDER THE PARTIES TO PROVIDE INFORMATION8
LEARNED THEREAFTER TO THE COURT AND ALL PARTIES NO LATER THAN9
SEVEN DAYS AFTER RECEIVING THE RELEVANT INFORMATION OR PRIOR TO10
THE NEXT HEARING ON THE MATTER , WHICHEVER OCCURS FIRST.11
(3) Form of inquiry. (a) A
T THE COMMENCEMENT OF THE CHILD12
CUSTODY PROCEEDING, THE PETITIONING OR FILING PARTY SHALL MAKE A13
RECORD, EITHER IN WRITING OR ORALLY IN OPEN COURT ON THE RECORD ,14
OF THE PARTY'S GOOD FAITH EFFORTS TO DETERMINE WHETHER THE CHILD15
IS AN INDIAN CHILD, INCLUDING, AT A MINIMUM, INQUIRIES MADE BY16
CONSULTING WITH:17
(I) T
HE CHILD, DIRECTLY OR THROUGH THE CHILD 'S18
REPRESENTATIVE;19
(II) T
HE CHILD'S PARENT OR PARENTS;20
(III) A
N INDIVIDUAL HAVING CUSTODY OF THE CHILD OR WITH21
WHOM THE CHILD RESIDES;22
(IV) T
HE CHILD'S EXTENDED FAMILY MEMBERS ;23
(V) A
NY OTHER INDIVIDUAL WHO MAY REASONABLY BE EXPECTED24
TO HAVE INFORMATION REGARDING THE CHILD 'S MEMBERSHIP OR25
ELIGIBILITY FOR MEMBERSHIP IN AN INDIAN TRIBE; AND26
(VI) A
N INDIAN TRIBE WHEN INFORMATION FROM INQUIRIES MADE27
1204
-21- PURSUANT TO SUBSECTIONS (3)(a)(I) TO (3)(a)(V) OF THIS SECTION1
INDICATE THAT THERE IS A REASONABLE LIKELIHOOD THAT THE INDIAN2
TRIBE MAY PROVIDE ADDITIONAL INFORMATION REGARDING WHETHER THE3
CHILD IS A MEMBER OF THAT TRIBE OR WHETHER THE CHILD MAY BE4
ELIGIBLE FOR MEMBERSHIP IN THAT TRIBE.5
(b) T
HE COURT, UPON REVIEWING THE RECORD OF INQUIRIES MADE6
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION, HAS REASON TO KNOW7
THAT A CHILD IS AN INDIAN CHILD IF:8
(I) A
PARTICIPANT IN THE CHILD CUSTODY PROCEEDING , AN9
OFFICER OF THE COURT INVOLVED IN THE CHILD CUSTODY PROCEEDING , AN10
I
NDIAN TRIBE, AN INDIAN ORGANIZATION, OR AN AGENCY INFORMS THE11
COURT THAT THE CHILD IS AN INDIAN CHILD;12
(II) A
PARTICIPANT IN THE CHILD CUSTODY PROCEEDING , AN13
OFFICER OF THE COURT INVOLVED IN THE CHILD CUST ODY PROCEEDING , AN14
I
NDIAN TRIBE, AN INDIAN ORGANIZATION, OR AN AGENCY INFORMS THE15
COURT THAT IT HAS DISCOVERED INFORMATION INDICATING THAT THE16
CHILD IS AN INDIAN CHILD;17
(III) T
HE CHILD WHO IS THE SUBJECT OF THE CHILD CUSTODY18
PROCEEDING GIVES THE COURT REASON TO KNOW THAT THE CHILD IS AN19
I
NDIAN CHILD;20
(IV) T
HE COURT IS INFORMED THAT THE DOMICILE OR RESIDENCE21
OF THE CHILD, THE CHILD'S PARENT, OR THE CHILD'S INDIAN CUSTODIAN IS22
OR WAS ON A RESERVATION OF A FEDERALLY RECOGNIZED INDIAN TRIBE23
OR IN AN ALASKA NATIVE VILLAGE;24
(V) T
HE COURT IS INFORMED THAT THE CHILD IS OR HAS BEEN A25
WARD OF A TRIBAL COURT.26
(VI) T
HE COURT IS INFORMED THAT THE CHILD OR THE CHILD 'S27
1204
-22- PARENT POSSESSES AN IDENTIFICATION CARD OR OTHER SUFFICIENT1
DOCUMENTATION INDICATING MEMBERSHIP IN AN INDIAN TRIBE;2
(VII) T
HE COURT IS INFORMED THAT THE PARENT OR CHILD3
RECEIVED HEALTH SERVICES FROM AN INDIAN HEALTH SERVICE OR TRIBAL4
HEALTH FACILITY;5
(VIII) T
HE COURT OR THE PETITIONING OR FILING PARTY RECEIVES6
ANY OTHER REAS ONABLY CREDIBLE INFORMATION , REGARDLESS OF7
ADMISSIBILITY, THAT A PARENT OR THE CHILD HAS AN IDENTIFIABLE8
CONNECTION WITH A SPECIFIC FEDERALLY RECOGNIZED TRIBE OR TRIBES9
BEYOND A GENERALIZED ASSERTION OF HERITAGE ;10
(IX) T
HE COURT IS INFORMED THAT THERE ARE SCHOOL RECORDS11
INDICATING THAT THE CHILD IS AN ENROLLED MEMBER OF AN INDIAN12
TRIBE; OR13
(X) A
FTER PERFORMING DUE DILIGENCE PURSUANT TO SUBSECTION14
(4)
OF THIS SECTION, INFORMATION IS PRESENTED TO THE COURT THAT15
SUBSECTIONS (3)(b)(I) TO (3)(b)(IX) OF THIS SECTION APPLY OR THAT THE16
CHILD IS AN INDIAN CHILD.17
(c) T
HE COURT SHALL MAKE SPECIFIC FINDINGS, EITHER IN WRITING18
OR ORALLY ON THE RECORD, REGARDING ITS REASON TO KNOW THAT THE19
CHILD IS AN INDIAN CHILD.20
(d) I
F THE COURT KNOWS, OR HAS REASON TO KNOW AS DESCRIBED21
IN SUBSECTION (3)(b) OF THIS SECTION, THAT THE CHILD WHO IS THE22
SUBJECT OF THE CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD, THE23
PETITIONING OR FILING PARTY SHALL SEND NOTICE BY REGISTERED OR24
CERTIFIED MAIL, RETURN RECEIPT REQUESTED , TO THE PARENT OF THE25
CHILD, THE CHILD'S INDIAN CUSTODIAN, AND THE TRIBAL AGENT OF THE26
I
NDIAN CHILD'S TRIBE OR TRIBES, OR, IF THERE IS NOT A DESIGNATED27
1204
-23- TRIBAL AGENT, THE PETITIONING OR FILING PARTY SHALL CONTACT THE1
I
NDIAN TRIBE FOR DIRECTION TO THE APPROPRIATE OFFICE OR INDIVIDUAL .2
I
N PROVIDING THE NOTICE, THE COURT AND EACH PARTY SHALL COMPLY3
WITH THE FEDERAL ICWA AND THIS ARTICLE 1.2.4
(4) (a) Due diligence. I
F THE COURT RECEIVES INFORMATION THAT5
THE CHILD MAY HAVE INDIAN HERITAGE BUT THE COURT LACKS6
SUFFICIENT INFORMATION TO DETERMINE THAT THERE IS REASON TO KNOW7
THAT THE CHILD IS AN INDIAN CHILD PURSUANT TO SUBSECTION (3) OF8
THIS SECTION, THE COURT SHALL DIRECT THE PETITIONING OR FILING9
PARTY TO EXERCISE DUE DILIGENCE IN GATHERING ADDITIONAL10
INFORMATION PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION, ENSURE11
THAT THE DUE DILIGENCE REQUIREMENTS ARE FOLLOWED , AND ENSURE12
THAT ALL INFORMATION KNOWN TO THE PARTIES IS DISCLOSED IN WRITING13
OR ORALLY ON THE RECORD. THE COURT SHALL DIRECT THE PETITIONING14
OR FILING PARTY TO MAKE A RECORD, EITHER IN WRITING OR ORALLY ON15
THE RECORD, OF THE DUE DILIGENCE EFFORTS TAKEN TO DETERMINE16
WHETHER THERE IS REASON TO KNOW THAT THE CHILD IS AN INDIAN17
CHILD.18
(b) I
N PERFORMING DUE DILIGENCE, THE PETITIONING OR FILING19
PARTY SHALL, AT A MINIMUM:20
(I) A
SK EACH PARTY, INCLUDING THE CHILD DIRECTLY OR21
THROUGH THE CHILD'S REPRESENTATIVE, WHAT INFORMATION THE PARTY22
HAS REGARDING THE CHILD'S INDIAN HERITAGE, IF ANY;23
(II) A
SK OR EARNESTLY ATTEMPT TO ASK EACH PARENT WHAT24
INFORMATION THE PARENT HAS REGARDING THE CHILD 'S INDIAN25
HERITAGE, IF ANY; WHERE AND HOW THE PARENT RECEIVED THE26
INFORMATION; AND WHAT, IF ANY, OTHER INFORMATION SOURCES THE27
1204
-24- PARENT BELIEVES MAY HAVE ADDITIONAL INFORMATION REGARDING THE1
CHILD'S INDIAN HERITAGE, IF ANY, INCLUDING OTHER RELATIVES AND2
THEIR CONTACT INFORMATION , IF KNOWN OR REASONABLY OBTAINED ;3
(III) C
ONDUCT SEARCHES FOR FAMILY AND DOCUMENT -IDENTIFIED4
FAMILY RELATIVES OR KIN WHO MAY HAVE INFORMATION REGARDING THE5
CHILD'S INDIAN HERITAGE, IF ANY;6
(IV) A
SK OR ATTEMPT TO ASK IDENTIFIED FAMILY RELATIVES OR7
KIN FOR INFORMATION THE RELATIVES OR KIN HAVE REGARDING THE8
CHILD'S INDIAN HERITAGE, IF ANY, AND WHERE AND HOW THE RELATIVES9
OR KIN RECEIVED THAT INFORMATION ;10
(V) R
EVIEW COURT AND AGENCY RECORDS IDENTIFIED BY THE11
PARENTS AND PROVIDED TO THE PETITIONER OR FILING PARTY , OR TO12
WHICH THE PETITIONER OR FILING PARTY HAS PREVIOUSLY BEEN GRANTED13
ACCESS THROUGH THE STATE AUTOMATED CHILD WELFARE SYSTEM OR14
THE ICON SYSTEM AT THE STATE JUDICIAL DEPARTMENT , FOR ALL CHILD15
CUSTODY PROCEEDINGS RELATED TO THE CHILD AND PARENTS FOR16
INFORMATION REGARDING THE CHILD 'S INDIAN HERITAGE, IF ANY;
AND17
(VI) C
ONTACT THE TRIBAL REPRESENTATIVE OR REPRESENTATIVES18
BY EMAIL, PHONE CALL, LETTER, OR ANY OTHER MEANS AGREED TO BY THE19
PARTIES REGARDING WHETHER THE CHILD MAY BE ELIGIBLE FOR TRIBAL20
MEMBERSHIP WHEN INFORMED THAT A PARENT , CHILD, OR SPECIFIC21
EXTENDED FAMILY MEMBER HAS A POTENTIAL CONNECTION WITH A22
FEDERALLY RECOGNIZED TRIBE OR
TRIBES.23
(c) IN PERFORMING DUE DILIGENCE, THE PETITIONING OR FILING24
PARTY MAY, IF A KNOWN CONNECTION HAS NOT BEEN IDENTIFIED25
PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION BUT THE COURT OR26
PETITIONING OR FILING PARTY RECEIVES A REASONABLY CREDIBLE27
1204
-25- ASSERTION OF THE CHILD'S INDIAN HERITAGE WITHOUT IDENTIFICATION OF1
A SPECIFIC TRIBE OR TRIBES BUT NARROWED TO A REGION OF THE UNITED2
STATES, ASK EITHER RELEVANT TRIBES IN THAT IDENTIFIED REGION OR THE3
RELEVANT BUREAU OF INDIAN AFFAIRS OFFICE IF THE RELEVANT TRIBES OR4
BUREAU HAVE INFORMATION RELEVANT TO THE DETERMINATION THAT5
THE CHILD IS AN INDIAN CHILD.6
(d) SUBSECTION (4)(b) OF THIS SECTION DOES NOT PREVENT A7
PETITIONING PARTY FROM SENDING A WRITTEN INQUIRY TO AN ASSERTED8
TRIBE FOR THE PURPOSE OF SATISFYING THE DUE DILIGENCE9
REQUIREMENTS PURSUANT TO SUBSECTION (4)(b)(VI) OF THIS SECTION. A10
WRITTEN INQUIRY MUST NOT BE CONSTRUED AS FORMAL NOTICE AND IS11
NOT CONSIDERED A DETERMINATION THAT THERE IS REASON TO KNOW THE12
CHILD IS AN INDIAN CHILD.13
(5) (a) Indian child's tribe. I
F THE CHILD IS AN INDIAN CHILD, THE14
I
NDIAN CHILD'S TRIBE IS:15
(I) T
HE TRIBE OF WHICH THE INDIAN CHILD IS A MEMBER OR16
ELIGIBLE FOR MEMBERSHIP IF THE INDIAN CHILD IS A MEMBER OF OR IS17
ELIGIBLE FOR MEMBERSHIP IN ONLY ONE TRIBE ;18
(II) T
HE TRIBE OF WHICH THE INDIAN CHILD IS A MEMBER IF THE19
I
NDIAN CHILD IS A MEMBER OF ONE TRIBE BUT IS ELIGIBLE FOR20
MEMBERSHIP IN ONE OR MORE OTHER TRIBES ; OR21
(III) I
F THE INDIAN CHILD IS A MEMBER OF MORE THAN ONE TRIBE22
OR IF THE INDIAN CHILD IS NOT A MEMBER OF ANY TRIBE BUT IS ELIGIBLE23
FOR MEMBERSHIP IN MORE THAN ONE TRIBE :24
(A) T
HE TRIBE DESIGNATED BY AN AGREEMENT BETWEEN THE25
TRIBES OF WHICH THE INDIAN CHILD IS A MEMBER OR IN WHICH THE INDIAN26
CHILD IS ELIGIBLE FOR MEMBERSHIP; OR27
1204
-26- (B) IF THE TRIBES ARE UNABLE TO AGREE ON THE DESIGNATION OF1
THE INDIAN CHILD'S TRIBE, THE TRIBE DESIGNATED BY THE COURT. 2
(b) W
HEN DESIGNATING AN INDIAN CHILD'S TRIBE PURSUANT TO3
SUBSECTION (5)(a)(III)(A) OF THIS SECTION, THE COURT SHALL, AFTER A4
HEARING, DESIGNATE THE TRIBE WITH WHICH THE INDIAN CHILD HAS THE5
MORE SIGNIFICANT CONTACTS, TAKING INTO CONSIDERATION:6
(I) T
HE PREFERENCE OF THE INDIAN CHILD'S PARENT;7
(II) T
HE DURATION OF THE INDIAN CHILD'S RESIDENCY AT THEIR8
CURRENT OR PRIOR DOMICILE OR RESIDENCE ON OR NEAR THE9
RESERVATION OF EACH TRIBE;10
(III) T
HE TRIBAL MEMBERSHIP OF THE INDIAN CHILD'S PARENT OR11
I
NDIAN CUSTODIAN;12
(IV) T
HE INTERESTS ASSERTED BY EACH TRIBE;13
(V) W
HETHER A TRIBE HAS PREVIOUSLY ADJUDICATED A CASE14
INVOLVING THE INDIAN CHILD; AND15
(VI) T
HE SELF-IDENTIFICATION OF THE INDIAN CHILD IF THE COURT16
DETERMINES THAT THE INDIAN CHILD IS OF SUFFICIENT AGE AND CAPACITY17
TO MEANINGFULLY SELF-IDENTIFY.18
(6) Written findings. T
HE COURT SHALL MAKE WRITTEN FINDINGS19
DETERMINING WHETHER THE PETITIONING OR FILING PARTY :20
(a) S
ATISFIED ITS INQUIRY AND DUE DILIGENCE REQUIREMENTS21
CONCERNING WHETHER THE CHILD IS AN INDIAN CHILD OR WHETHER22
THERE IS REASON TO KNOW THAT THE CHILD IS AN INDIAN CHILD;23
(b) V
ERIFIED WHETHER THE CHILD IS IN FACT A MEMBER OF A24
TRIBE, OR A BIOLOGICAL PARENT OF THE CHILD IS A MEMBER OF A TRIBE ,25
AND THE CHILD IS ELIGIBLE FOR MEMBERSHIP;26
(c) D
OCUMENTED ALL CONTACT WITH :27
1204
-27- (I) THE RESPECTIVE TRIBE OR TRIBES . THIS CONTACT MUST1
INCLUDE AT LEAST TWO CONTACTS OR GOOD FAITH ATTEMPTS TO2
CONTACT THE TRIBE OR TRIBES WITHIN SEVENTY DAYS AFTER THE3
FINDING, UNLESS THE TRIBE OR TRIBES PROVIDED WRITTEN4
DOCUMENTATION INDICATING MEMBERSHIP , ELIGIBILITY, OR INELIGIBILITY5
OF THE CHILD.6
(II) T
HE BUREAU OF INDIAN AFFAIRS TO SEEK ASSISTANCE WITH7
CONTACTING THE TRIBE OR TRIBES, IF GOOD FAITH ATTEMPTS TO CONTACT8
THE TRIBE OR TRIBES HAVE BEEN UNSUCCESSFUL ; AND9
(d) T
REATED THE CHILD AS AN INDIAN CHILD, UNLESS AND UNTIL10
IT IS DETERMINED ON THE RECORD THAT THE CHILD DOES NOT MEET THE11
DEFINITION OF AN INDIAN CHILD.12
19-1.2-108. Formal notice - language, accessibility, and content13
requirements. (1) N
OTICES REQUIRED BY THIS ARTICLE 1.2
IN A CHILD14
CUSTODY PROCEEDING MUST BE PROVIDED IN CLEAR , ACCESSIBLE, AND15
UNDERSTANDABLE L ANGUAGE AND INCLUDE THE FOLLOWING16
INFORMATION:17
(a) T
HE INDIAN CHILD'S NAME, DATE OF BIRTH, AND PLACE OF18
BIRTH;19
(b) T
O THE EXTENT KNOWN , ALL NAMES, INCLUDING MAIDEN,20
MARRIED, AND FORMER NAMES OR ALIASES OF THE INDIAN CHILD'S21
PARENTS, THE PARENTS' BIRTHPLACES, AND THE PARENTS ' TRIBAL22
ENROLLMENT INFORMATION ;23
(c) T
O THE EXTENT KNOWN, THE NAMES, DATES OF BIRTH, PLACES24
OF BIRTH, AND TRIBAL ENROLLMENT INFORMATION OF OTHER DIRECT25
LINEAL ANCESTORS OF THE INDIAN CHILD;26
(d) T
HE NAME OF EACH INDIAN TRIBE OF WHICH THE INDIAN CHILD27
1204
-28- IS A MEMBER OR IN WHICH THE INDIAN CHILD MAY BE ELIGIBLE FOR1
MEMBERSHIP;2
(e) T
O THE EXTENT KNOWN, INFORMATION REGARDING THE INDIAN3
CHILD'S DIRECT LINEAL ANCESTORS, AN ANCESTRAL CHART FOR EACH4
BIOLOGICAL PARENT, AND THE INDIAN CHILD'S TRIBAL AFFILIATION AND5
BLOOD QUANTUM;6
(f) A
COPY OF THE PETITION OR MOTION INITIATING THE7
PROCEEDING AND, IF A HEARING HAS BEEN SCHEDULED, INFORMATION ON8
THE DATE, TIME, AND LOCATION OF THE HEARING;9
(g) T
HE NAME OF THE PETITIONING OR FILING PARTY AND THE10
NAME AND ADDRESS OF THE PARTY 'S ATTORNEY;11
(h) A
STATEMENT THAT THE INDIAN CHILD'S PARENT OR INDIAN12
CUSTODIAN HAS THE RIGHT TO PARTICIPATE IN THE PROCEEDING13
PURSUANT TO SECTION 19-1.2-113;14
(i) A
STATEMENT THAT THE INDIAN CHILD'S TRIBE HAS THE RIGHT15
TO INTERVENE OR PARTICIPATE IN THE PROCEEDING AS A PARTY OR IN AN16
ADVISORY CAPACITY PURSUANT TO SECTION 19-1.2-113;17
(j) A
STATEMENT THAT IF THE COURT DETERMINES THAT THE18
I
NDIAN CHILD'S PARENT OR INDIAN CUSTODIAN IS UNABLE TO AFFORD19
COUNSEL, THE PARENT OR INDIAN CUSTODIAN HAS THE RIGHT TO20
COURT-APPOINTED COUNSEL;21
(k) A
STATEMENT THAT THE INDIAN CHILD'S PARENT, INDIAN22
CUSTODIAN, OR TRIBE HAS THE RIGHT, UPON REQUEST, TO UP TO TWENTY23
ADDITIONAL DAYS TO PREPARE FOR THE PROCEEDING ;24
(l) A
STATEMENT THAT THE INDIAN CHILD'S PARENT, INDIAN25
CUSTODIAN, OR TRIBE HAS THE RIGHT TO PETITION THE COURT TO26
TRANSFER THE CHILD CUSTODY PROCEEDING TO THE TRIBAL COURT ;27
1204
-29- (m) A STATEMENT DESCRIBING THE POTENTIAL LEGAL1
CONSEQUENCES OF THE PROCEEDING ON FUTURE PARENTAL AND2
CUSTODIAL RIGHTS OF THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN;3
(n) T
HE MAILING ADDRESS AND TELEPHONE NUMBERS OF THE4
COURT AND CONTACT INFORMATION FOR ALL PARTIES TO THE PROCEEDING5
AND THE INDIVIDUALS NOTIFIED PURSUANT TO THIS SECTION ; AND6
(o) A
STATEMENT THAT THE INFORMATION CONTAINED IN THE7
NOTICE IS CONFIDENTIAL AND MUST NOT BE SHARED WITH ANY INDIVIDUAL8
WHO DOES NOT NEED THE INFORMATION TO EXERCISE RIGHTS PURSUANT9
TO THIS ARTICLE 1.2.10
(2) I
F THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN HAS11
LIMITED ENGLISH PROFICIENCY AND MAY NOT UNDERSTAND THE12
CONTENTS OF THE NOTICE PROVIDED PURSUANT TO THIS SECTION , THE13
COURT SHALL PROVIDE LANGUAGE ACCESS SERVICES AS REQUIRED BY14
T
ITLE VI OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC.15
2000e
ET SEQ., AND OTHER APPLICABLE FEDERAL AND STATE LAWS . IF THE16
COURT IS UNABLE TO SECURE TRANSLATION OR INTERPRETATION SUPPORT ,17
THE COURT SHALL CONTACT OR DIRECT A PARTY TO CONTACT THE INDIAN18
CHILD'S TRIBE OR THE LOCAL OFFICE OF THE FEDERAL BUREAU OF INDIAN19
AFFAIRS FOR ASSISTANCE IDENTIFYING A QUALIFIED TRANSLATOR OR20
INTERPRETER.21
(3) (a) A
HEARING THAT REQUIRES NOTICE PURSUANT TO THIS22
SECTION MUST NOT BE HELD UNTIL AT LEAST TEN DAYS AFTER THE LATEST23
RECEIPT OF THE NOTICE BY THE INDIAN CHILD'S PARENT, INDIAN24
CUSTODIAN, TRIBE, OR, IF APPLICABLE, THE FEDERAL BUREAU OF INDIAN25
AFFAIRS. UPON REQUEST, THE COURT SHALL GRANT THE INDIAN CHILD'S26
PARENT, INDIAN CUSTODIAN, OR TRIBE UP TO TWENTY-ONE ADDITIONAL27
1204
-30- DAYS AFTER THE DATE UPON WHICH NOTICE WAS RECEIVED BY THE INDIAN1
CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE TO PREPARE FOR2
PARTICIPATION IN THE HEARING.3
(b) T
HIS SUBSECTION (3) DOES NOT PREVENT A COURT, DURING AN4
EMERGENCY PROCEEDING BEFORE THE EXPIRATION OF THE WAITING5
PERIOD DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, FROM6
REVIEWING THE REMOVAL OF AN INDIAN CHILD FROM THE INDIAN CHILD'S7
PARENT OR INDIAN CUSTODIAN TO DETERMINE WHETHER THE REMOVAL OR8
PLACEMENT IS NO LONGER NECESSARY TO PREVENT IMMINENT PHYSICAL9
HARM OR DANGER TO THE INDIAN CHILD.10 19-1.2-109. Enrollment of an Indian child with a tribe.11
(1) UNLESS AN INDIAN CHILD'S PARENT OBJECTS, THE PETITIONING OR12
FILING PARTY OR THE INDIAN TRIBE SHALL ASSIST IN ENROLLING AN13
INDIAN CHILD WHO IS IN THE COURT'S JURISDICTION IN A TRIBE WITH14
WHICH THE CHILD IS ELIGIBLE FOR ENROLLMENT . IF THE INDIAN CHILD IS15
ELIGIBLE TO BE ENROLLED IN MORE THAN ONE TRIBE , THE COURT SHALL16
DETERMINE MEMBERSHIP PURSUANT TO SECTION 19-1.2-107.17
(2) IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION, WHEN18
THE PETITIONING OR FILING PARTY, INCLUDING A COUNTY DEPARTMENT OR19
A CHILD PLACEMENT AGENCY , HAS REASON TO KNOW THAT THE CHILD IS20
AN INDIAN CHILD, THE PETITIONING OR FILING PARTY SHALL , AT A21
MINIMUM, STATE IN WRITING OR ORALLY ON THE RECORD THE RELEVANT22
TRIBE OR TRIBES WITH WHICH THE CHILD MAY BE ELIGIBLE FOR23
ENROLLMENT TO DETERMINE IF THE CHILD IS IN FACT ELIGIBLE FOR24
ENROLLMENT. THE NOTIFICATION TO THE RELEVANT TRIBE OR TRIBES MAY25
BE DONE IN CONJUNCTION WITH THE NOTICE REQUIREMENTS SET FORTH IN26
SECTION 19-1.2-107 (1)(b).27
1204
-31- (3) IN A CHILD CUSTODY PROCEEDING, WHEN THE PETITIONING OR1
FILING PARTY HAS REASON TO KNOW THAT THE CHILD IS AN INDIAN CHILD2
AND THAT THE INDIAN CHILD IS ELIGIBLE FOR ENROLLMENT IN A TRIBE ,3
THE PETITIONING OR FILING PARTY SHALL NOTIFY THE INDIAN CHILD AND4
THE INDIAN CHILD'S PARENT OF THE PARENT'S RIGHT TO OBJECT TO THE5
PETITIONING OR FILING PARTY'S ASSISTANCE PURSUANT TO SUBSECTION (1)6
OF THIS SECTION.7
19-1.2-110. Emergency proceeding - emergency removal -8
termination of emergency - duration. (1) I
F AN INDIVIDUAL OR AGENCY9
TAKES A CHILD INTO PROTECTIVE CUSTODY , THE INDIVIDUAL OR AGENCY10
SHALL, AT THE COMMENCEMENT OF THE EMERGENCY PROCEEDING , MAKE11
A GOOD FAITH EFFORT TO:12
(a) D
ETERMINE WHETHER THE INDIVIDUAL OR AGENCY HAS13
REASON TO KNOW THAT THE CHILD IS AN INDIAN CHILD PURSUANT TO14
SECTION 19-1.2-108 (3); AND15
(b) C
ONTACT BY TELEPHONE, EMAIL, FACSIMILE, OR OTHER MEANS16
OF IMMEDIATE COMMUNICATION ANY TRIBE OF WHICH THE CHILD IS OR17
MAY BE A MEMBER OR ELIGIBLE FOR MEMBERSHIP TO DETERMINE THE18
CHILD'S TRIBAL AFFILIATION. NOTIFICATION MUST INCLUDE THE BASIS FOR19
THE CHILD'S REMOVAL; THE TIME, DATE, AND PLACE OF THE INITIAL20
HEARING; AND A STATEMENT THAT THE TRIBE HAS THE RIGHT TO21
PARTICIPATE IN THE PROCEEDING AS A PARTY OR IN AN ADVISORY22
CAPACITY PURSUANT TO SECTION 19-1.2-113.23
(2) A
N EMERGENCY REMOVAL OR PLACEMENT OF AN INDIAN CHILD24
PURSUANT TO THIS SECTION TERMINATES IMMEDIATELY WHEN THE25
REMOVAL OR PLACEMENT IS NO LONGER NECESSARY TO PREVENT26
IMMINENT PHYSICAL HARM OR DANGER TO THE INDIAN CHILD. IN SUCH A27
1204
-32- REMOVAL OR PLACEMENT , THE COURT SHALL:1
(a) M
AKE A FINDING ON THE RECORD THAT THE EMERGENCY2
REMOVAL OR PLACEMENT IS NECESSARY TO PREVENT IMMINENT PHYSICAL3
HARM OR DANGER TO THE INDIAN CHILD;4
(b) P
ROMPTLY HOLD A HEARING ON WHETHER THE EMERGENCY5
REMOVAL OR PLACEMENT CONTINUES TO BE NECESSARY WHEN NEW6
INFORMATION INDICATES THAT THE EMERGENCY SITUATION HAS ENDED ;7
(c) A
T ANY COURT HEARING DURING THE EMERGENCY8
PROCEEDING, DETERMINE WHETHER THE EMERGENCY REMOVAL OR9
PLACEMENT IS NO LONGER NECESSARY TO PREVENT IMMINENT PHYSICAL10
HARM OR DANGER TO THE INDIAN CHILD; AND11
(d) I
MMEDIATELY TERMINATE , OR ENSURE THAT THE INDIVIDUAL12
OR AGENCY THAT TOOK THE CHILD INTO PROTECTIVE CUSTODY13
IMMEDIATELY TERMINATES , THE EMERGENCY PROCEEDING ONCE THE14
COURT OR AGENCY POSSESSES SUFFICIENT EVIDENCE TO DETERMINE THAT15
THE EMERGENCY REMOVAL OR PLACEMENT IS NO LONGER NECESSARY TO16
PREVENT IMMINENT PHYSICAL HARM OR DANGER TO THE INDIAN CHILD.17
(3) A
PETITION FOR A COURT ORDER AUTHORIZING THE18
EMERGENCY REMOVAL OR CONTINUED EMERGENCY PLACEMENT OF AN19
I
NDIAN CHILD, AND ITS ACCOMPANYING DOCUMENTS , MUST CONTAIN A20
STATEMENT OF THE RISK OF IMMINENT PHYSICAL HARM OR DANGER TO THE21
I
NDIAN CHILD AND ANY EVIDENCE THAT THE EMERGENCY REMOVAL OR22
PLACEMENT CONTINUES TO BE NECESSARY TO PREVENT THE IMMINENT23
PHYSICAL HARM OR DANGER TO THE INDIAN CHILD. THE PETITION, AND ITS24
ACCOMPANYING DOCUMENTS , MUST ALSO CONTAIN THE FOLLOWING25
INFORMATION:26
(a) T
HE NAME, AGE, AND LAST-KNOWN ADDRESS OF THE INDIAN27
1204
-33- CHILD;1
(b) T
HE NAME AND LAST-KNOWN ADDRESS OF THE INDIAN CHILD'S2
PARENTS OR INDIAN CUSTODIAN, IF ANY;3
(c) T
HE STEPS TAKEN TO PROVIDE NOTICE TO THE INDIAN CHILD'S4
PARENTS, CUSTODIAN, AND TRIBE ABOUT THE EMERGENCY PROCEEDING ;5
(d) I
F THE INDIAN CHILD'S PARENTS OR INDIAN CUSTODIAN IS6
UNKNOWN, A DETAILED EXPLANATION OF WHAT EFFORTS HAVE BEEN7
MADE TO LOCATE AND CONTACT THEM , INCLUDING CONTACT WITH THE8
APPROPRIATE FEDERAL BUREAU OF INDIAN AFFAIRS REGIONAL DIRECTOR;9
(e) T
HE RESIDENCE AND DOMICILE OF THE INDIAN CHILD;10
(f) I
F EITHER THE RESIDENCE OR DOMICILE OF THE INDIAN CHILD11
IS BELIEVED TO BE ON A RESERVATION OR IN AN ALASKA NATIVE VILLAGE,12
THE NAME OF THE TRIBE AFFILIATED WITH THAT RESERVATION OR13
VILLAGE;14
(g) T
HE TRIBAL AFFILIATION OF THE INDIAN CHILD AND THE15
CHILD'S PARENTS OR INDIAN CUSTODIAN;16
(h) A
SPECIFIC AND DETAILED ACCOUNT OF THE CIRCUMSTANCES17
THAT LED THE INDIVIDUAL OR AGENCY RESPONSIBLE FOR THE EMERGENCY18
REMOVAL OF THE INDIAN CHILD TO TAKE THAT ACTION;19
(i) I
F THE INDIAN CHILD IS BELIEVED TO RESIDE OR BE DOMICILED20
ON A RESERVATION WHERE THE TRIBE EXERCISES EXCLUSIVE JURISDICTION21
OVER CHILD CUSTODY MATTERS , A STATEMENT OF EFFORTS MADE TO22
CONTACT THE TRIBE AND TRANSFER THE INDIAN CHILD TO THE TRIBE'S23
JURISDICTION; AND24
(j) A
STATEMENT OF THE EFFORTS THAT HAVE BEEN TAKEN TO25
ASSIST THE INDIAN CHILD'S PARENTS OR INDIAN CUSTODIAN SO THAT THE26
I
NDIAN CHILD MAY BE SAFELY RETURNED TO THE CUSTODY OF THE27
1204
-34- PARENTS OR INDIAN CUSTODIAN.1
(4) A
N EMERGENCY
REMOVAL REGARDING AN INDIAN CHILD MUST2
NOT BE CONTINUED FOR MORE THAN THIRTY DAYS , UNLESS THE COURT3
DETERMINES THAT RESTORING THE INDIAN CHILD TO THE PARENT OR4
I
NDIAN CUSTODIAN WOULD SUBJECT THE INDIAN CHILD TO IMMINENT5
PHYSICAL HARM OR DANGER , AND:6
(a) T
HE COURT HAS APPROVED A MOTION TO TRANSFER THE CASE7
TO A TRIBAL COURT BUT HAS NOT BEEN ABLE TO TRANSFER THE8
PROCEEDING TO THE JURISDICTION OF THE APPROPRIATE INDIAN TRIBE; OR9
(b) DESPITE DILIGENT EFFORTS, THE COURT HAS BEEN UNABLE TO10
HOLD A HEARING BASED ON THE CRITERIA SET FORTH IN SECTION11
19-1.2-123. IN SUCH A CASE, THE COURT SHALL SCHEDULE THE HEARING12
WITHIN SEVEN DAYS AFTER THE DETERMINATION MADE PURSUANT TO THIS13
SUBSECTION (4).14
19-1.2-111. Active efforts - when required - characteristics.15
(1) I
F THERE IS REASON TO KNOW THAT A CHILD WHO IS THE SUBJECT OF16
A CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD, ACTIVE EFFORTS ARE17
REQUIRED AND THE COURT SHALL MAKE AN INITIAL DETERMINATION18
WHETHER ACTIVE EFFORTS HAVE BEEN MADE TO PREVENT REMOVAL OF19
THE INDIAN CHILD FROM THE FAMILY . IF THE INDIAN CHILD HAS BEEN20
REMOVED FROM THE FAMILY , THE COURT SHALL DETERMINE WHETHER21
ACTIVE EFFORTS HAVE BEEN MADE TO REUNITE THE FAMILY .22
(2) A
CTIVE EFFORTS REQUIRE A HIGHER STANDARD OF CONDUCT23
THAN REASONABLE EFFORTS .24
(3) A
CTIVE EFFORTS MUST:25
(a) B
E DOCUMENTED IN DETAIL IN WRITING OR ORALLY ON THE26
RECORD;27
1204
-35- (b) IF THE INDIAN CHILD IS ALLEGED TO BE WITHIN THE1
JURISDICTION OF THE COURT PURSUANT TO SECTION 19-1.2-116, INCLUDE2
ACTIVELY ASSISTING THE INDIAN CHILD'S PARENT OR PARENTS OR INDIAN3
CUSTODIAN THROUGH THE STEPS OF A CASE PLAN AND ACCESSING OR4
DEVELOPING THE RESOURCES NECESSARY TO SATISFY THE CASE PLAN ;5
(c) I
NCLUDE PROVIDING ASSISTANCE IN A MANNER CONSISTENT6
WITH THE PREVAILING SOCIAL AND CULTURAL STANDARDS AND WAY OF7
LIFE OF THE INDIAN CHILD'S TRIBE;8
(d) B
E CONDUCTED IN PARTNERSHIP WITH THE INDIAN CHILD AND9
THE INDIAN CHILD'S PARENTS, EXTENDED FAMILY MEMBERS , INDIAN10
CUSTODIAN, AND TRIBE; AND11
(e) B
E TAILORED TO THE FACTS AND CIRCUMSTANCES OF THE CASE .12
(4) A
CTIVE EFFORTS MAY INCLUDE , AS APPLICABLE, THE13
FOLLOWING:14
(a) C
ONDUCTING A COMPREHENSIVE ASSESSMENT OF THE15
CIRCUMSTANCES OF THE INDIAN CHILD'S FAMILY, WITH A FOCUS ON16
REUNIFICATION AS THE PRIMARY AND MOST DESIRABLE GOAL ;17
(b) I
DENTIFYING APPROPRIATE SERVICES AND HELPING THE INDIAN18
CHILD'S PARENTS OVERCOME BARRIERS TO REUNIFICATION , INCLUDING19
ACTIVELY ASSISTING THE INDIAN CHILD'S PARENTS WITH OBTAINING THE20
IDENTIFIED SERVICES;21
(c) I
DENTIFYING, NOTIFYING, AND INVITING REPRESENTATIVES OF22
THE INDIAN CHILD'S TRIBE TO PARTICIPATE IN PROVIDING SUPPORT AND23
SERVICES TO THE INDIAN CHILD'S FAMILY AND IN FAMILY TEAM MEETINGS,24
PERMANENCY PLANNING , RESOLUTION OF PLACEMENT ISSUES , REVIEWS,25
OR OTHER CASE-MANAGEMENT-RELATED MEETINGS;26
(d) C
ONDUCTING OR CAUSING TO BE CO NDUCTED A DILIGENT27
1204
-36- SEARCH FOR THE INDIAN CHILD'S EXTENDED FAMILY MEMBERS AND1
CONTACTING AND CONSULTING WITH THE INDIAN CHILD'S EXTENDED2
FAMILY MEMBERS AND ADULT RELATIVES TO PROVIDE FAMILY STRUCTURE3
AND SUPPORT FOR THE INDIAN CHILD AND THE INDIAN CHILD'S PARENTS;4
(e) O
FFERING AND EMPLOYING CULTURALLY APPROPRIATE FAMILY5
PRESERVATION STRATEGIES AND FACILITATING THE USE OF REMEDIAL AND6
REHABILITATIVE SERVICES PROVIDED BY THE INDIAN CHILD'S TRIBE;7
(f) T
AKING STEPS TO KEEP THE INDIAN CHILD AND THE INDIAN8
CHILD'S SIBLINGS TOGETHER, WHENEVER POSSIBLE;9
(g) S
UPPORTING REGULAR FAMILY TIME WITH THE INDIAN CHILD'S10
PARENTS OR INDIAN CUSTODIAN IN THE MOST NATURAL SETTING POSSIBLE ,11
AS WELL AS TRIAL HOME VISITS DURING A PERIOD OF REMOVAL ,12
CONSISTENT WITH THE NEED TO ENSURE THE HEALTH , SAFETY, AND13
WELFARE OF THE INDIAN CHILD;14
(h) I
DENTIFYING AND MAKING APPROPRIATE REFERRALS TO15
COMMUNITY RESOURCES , INCLUDING HOUSING, FINANCIAL ASSISTANCE,16
EMPLOYMENT TRAINING , TRANSPORTATION, MENTAL HEALTH CARE ,17
HEALTH CARE, SUBSTANCE ABUSE PREVENTION AND TREATMENT ,18
PARENTING TRAINING, TRANSPORTATION, PEER SUPPORT SERVICES19
NECESSARY TO MAINTAIN THE CHILD IN THE HOME OR TO REHABILITATE20
THE FAMILY SO THAT THE CHILD CAN SAFELY RETURN HOME , AND21
ACTIVELY ASSISTING THE INDIAN CHILD'S PARENTS OR , WHEN22
APPROPRIATE, THE INDIAN CHILD'S FAMILY, IN UTILIZING AND ACCESSING23
SUCH RESOURCES;24
(i) M
ONITORING PROGRESS AND PARTICIPATION OF THE INDIAN25
CHILD'S PARENTS, INDIAN CUSTODIAN, OR EXTENDED FAMILY MEMBERS IN26
THE SERVICES DESCRIBED IN SUBSECTIONS (4)(b), (4)(c), (4)(e), AND (4)(h)27
1204
-37- OF THIS SECTION;1
(j) C
ONSIDERING ALTERNATIVE WAYS TO ADDRESS THE NEEDS OF2
THE INDIAN CHILD'S PARENTS, INDIAN CUSTODIAN, AND, WHEN3
APPROPRIATE, THE INDIAN CHILD'S FAMILY IF THE SERVICES DESCRIBED IN4
THIS SECTION ARE UNAVAILABLE OR THE OPTIMUM SERVICES DO NOT EXIST5
OR ARE NOT AVAILABLE;6
(k) P
ROVIDING POST-REUNIFICATION SERVICES AND MONITORING7
WHILE THE INDIAN CHILD REMAINS IN THE COURT'S JURISDICTION;8
(l) C
ONTACTING THE INDIAN CHILD'S TRIBE TO DETERMINE WHAT,9
IF ANY, TRIBAL RESOURCES ARE AVAILABLE ; AND10
(m) A
NY OTHER EFFORTS THAT ARE APPROPRIATE TO THE INDIAN11
CHILD'S CIRCUMSTANCES.12
(5) I
N A CHILD CUSTODY PROCEEDING BROUGHT PURSUANT TO13
ARTICLE 3 OF THIS TITLE 19, IF THE COURT FINDS THAT A COUNTY14
DEPARTMENT DID NOT PROVIDE ACTIVE EFFORTS TO MAKE IT POSSIBLE FOR15
THE INDIAN CHILD TO SAFELY RETURN HOME , AT A PERMANENCY HEARING16
THE COURT SHALL NOT CHANGE THE PERMANENCY PLAN TO SOMETHING17
OTHER THAN TO REUNITE THE FAMILY .18
(6) U
NLESS STIPULATED BY THE PARTIES AND NOT OBJECTED TO BY19
THE INDIAN CHILD'S TRIBE, IN ANY PROCEEDING BROUGHT PURSUANT TO20
ARTICLE 3 OF THIS TITLE 19, IF THE COURT FINDS THAT A COUNTY21
DEPARTMENT DID NOT PROVIDE ACTIVE EFFORTS TO MAKE IT POSSIBLE FOR22
THE INDIAN CHILD TO SAFELY RETURN HOME , THE COURT SHALL NOT SET23
A DATE FOR A PERMANENT ORDERS HEARING , INCLUDING, BUT NOT24
LIMITED TO, GUARDIANSHIP, ALLOCATION OF PARENTAL RESPONSIBILITIES,25
OR TERMINATION OF PARENTAL RIGHTS , UNTIL THE COUNTY DEPARTMENT26
PROVIDES ACTIVE EFFORTS FOR THE NUMBER OF DAYS THAT ACTIVE27
1204
-38- EFFORTS WERE NOT PREVIOUSLY PROVIDED .1
19-1.2-112. Right to counsel - appointment of counsel - access2
to records. (1) I
F THERE IS REASON TO KNOW THAT A CHILD WHO IS THE3
SUBJECT OF A CHILD CUSTODY PROCEEDING IS AN INDIAN CHILD:4
(a) T
HE COURT SHALL APPOINT COUNSEL TO REPRESENT THE5
I
NDIAN CHILD IN ACCORDANCE WITH APPLICABLE LAW ; AND6
(b) T
HE COURT SHALL APPOINT COUNSEL TO REPRESENT THE7
I
NDIAN CHILD'S PARENT OR INDIAN CUSTODIAN PURSUANT TO SECTION8
19-3-202
IF THE PARENT OR INDIAN CUSTODIAN IS A RESPONDENT IN A9
DEPENDENCY AND NEGLECT ACTION BROUGHT PURSUANT TO ARTICLE 3 OF10
THIS TITLE 19. IN ANY REMOVAL, PLACEMENT, OR TERMINATION OF11
PARENTAL RIGHTS PROCEEDING, OUTSIDE OF A DEPENDENCY AND NEGLECT12
PROCEEDING, IN WHICH THE COURT DETERMINES THAT AN INDIAN CHILD'S13
PARENT OR INDIAN CUSTODIAN IS INDIGENT, THE COURT SHALL APPOINT14
COUNSEL TO THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN THROUGH15
THE OFFICE OF THE STATE COURT ADMINISTRATOR .16
19-1.2-113. Right to intervene and appear.17
(1) N
OTWITHSTANDING THIS ARTICLE 1.2 TO THE CONTRARY, A TRIBE, OR18
I
NDIAN CUSTODIAN WHO IS NOT OTHERWISE A PARTY TO A CHILD CUSTODY19
PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE 1.2, HAS THE RIGHT TO20
INTERVENE AT ANY POINT IN A CHILD CUSTODY PROCEEDING AND A TRIBE21
MAY BE REPRESENTED BY ANY AUTHORIZED INDIVIDUAL , REGARDLESS OF22
WHETHER THE INDIVIDUAL IS LICENSED TO PRACTICE LAW .23
(2) A
N ATTORNEY WHO IS NOT BARRED FROM PRACTICING LAW IN24
C
OLORADO MAY APPEAR IN ANY CHILD CUSTODY PROCEEDING INVOLVING25
AN INDIAN CHILD WITHOUT ASSOCIATING WITH LOCAL COUNSEL OR26
WITHOUT PAYING A FEE TO APPEAR PRO HAC VICE IF THE ATTORNEY27
1204
-39- ESTABLISHES TO THE SATISFACTION OF THE COLORADO STATE BAR THAT:1
(a) T
HE ATTORNEY WILL APPEAR IN A COURT IN COLORADO FOR2
THE LIMITED PURPOSE OF PARTICIPATING IN A CHILD CUSTODY3
PROCEEDING PURSUANT TO THIS ARTICLE 1.2;4
(b) T
HE ATTORNEY REPRESENTS AN INDIAN CHILD'S PARENT,5
I
NDIAN CUSTODIAN, OR TRIBE; AND6
(c) T
HE INDIAN CHILD'S TRIBE HAS AFFIRMED THE INDIAN CHILD'S7
MEMBERSHIP OR ELIGIBILITY FOR MEMBERSHIP PURSUANT TO TRIBAL LAW .8
(3) N
OTWITHSTANDING THIS ARTICLE 1.2 TO THE CONTRARY,9
PURSUANT TO SUBSECTION (1) OF THIS SECTION, AN INDIAN CUSTODIAN OR10
TRIBE MAY NOTIFY THE COURT, IN WRITING OR ORALLY ON THE RECORD ,11
THAT THE INDIAN CUSTODIAN OR TRIBE WITHDRAWS AS A PARTY TO THE12
PROCEEDING.13
19-1.2-114. Right to examine documents - compliance14
regarding an Indian child. (1) I
F THERE IS REASON TO KNOW THAT A15
CHILD WHO IS THE SUBJECT OF A CHILD CUSTODY PROCEEDING IS AN16
I
NDIAN CHILD, EACH PARTY HAS THE RIGHT TO TIMELY EXAMINE ALL17
REPORTS OR OTHER DOCUMENTS AS OUTLINED IN THE APPLICABLE RULES18
OF DISCOVERY UNLESS PRECLUDED PURSUANT TO STATE OR FEDERAL LAW .19
(2) R
EGARDLESS OF WHETHER A TRIBE IS A PARTY IN ANY CHILD20
CUSTODY PROCEEDING INVOLVING AN INDIAN CHILD, THE INDIAN CHILD'S21
TRIBE MUST HAVE ACCESS TO ALL REPORTS OR OTHER DOCUMENTS22
REGARDING THE INDIAN CHILD. ANY REPORTS OR OTHER DOCUMENTS23
REGARDING THE INDIAN CHILD MUST BE PROVIDED, UPON REQUEST, TO THE24
TRIBE FREE OF COST.25
19-1.2-115. Qualified expert witnesses. (1) I
N A CHILD CUSTODY26
PROCEEDING THAT REQUIRES THE TESTIMONY OF A QUALIFIED EXPERT27
1204
-40- WITNESS, THE PETITIONING OR FILING PARTY SHALL SEEK A QUALIFIED1
EXPERT WITNESS FROM THE INDIAN CHILD'S TRIBE AND MAY, WHEN2
APPROPRIATE, CONTACT THE FEDERAL BUREAU OF INDIAN AFFAIRS AND3
REQUEST THAT THE TRIBE OR BUREAU IDENTIFY ONE OR MORE4
INDIVIDUALS WHO MEET THE CRITERIA DESCRIBED IN SUBSECTION (3) OR5
(4)
OF THIS SECTION AND MAKE A RECORD OF THAT CONTACT EITHER IN6
WRITING OR ORALLY ON THE RECORD .7
(2) A
T A HEARING PURSUANT TO SECTION 19-1.2-123 OR8
19-1.2-125,
IF THE COURT HAS FOUND THAT THERE IS REASON TO KNOW9
THAT A CHILD IS AN INDIAN CHILD, AT LEAST ONE EXPERT WITNESS MUST10
BE QUALIFIED TO TESTIFY REGARDING:11
(a) W
HETHER THE CONTINUED CUSTODY OF THE INDIAN CHILD BY12
THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN IS LIKELY TO RESULT13
IN SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD; AND14
(b) T
HE PREVAILING SOCIAL AND CULTURAL STANDARDS AND15
CHILD-REARING PRACTICES OF THE INDIAN CHILD'S TRIBE.16
(3) F
OR THE PURPOSES OF THIS SECTION , A QUALIFIED EXPERT17
WITNESS IS NOT REQUIRED TO HAVE KNOWLEDGE OF SOCIAL AND18
CULTURAL STANDARDS OF THE INDIAN CHILD'S TRIBE ONLY IF SUCH19
KNOWLEDGE IS PLAINLY IRRELE VANT TO THE PARTICULAR20
CIRCUMSTANCES AT ISSUE IN THE PROCEEDING . THE INDIAN CHILD'S TRIBE21
MAY DESIGNATE AN INDIVIDUAL AS BEING QUALIFIED TO TESTIFY TO THE22
PREVAILING SOCIAL AND CULTURAL STANDARDS OF THE INDIAN CHILD'S23
TRIBE.24
(4) I
F THE INDIAN CHILD'S TRIBE HAS NOT IDENTIFIED A QUALIFIED25
EXPERT WITNESS, THE FOLLOWING INDIVIDUALS, IN ORDER OF PRIORITY,26
MAY TESTIFY AS A QUALIFIED EXPERT WITNESS :27
1204
-41- (a) A MEMBER OF THE INDIAN CHILD'S TRIBE OR ANOTHER1
INDIVIDUAL WHO IS RECOGNIZED BY THE TRIBE AS KNOWLEDGEABLE2
ABOUT TRIBAL CUSTOMS REGARDING FAMILY ORGANIZATION AND3
CHILD-REARING PRACTICES;4
(b) A
N INDIVIDUAL WHO HAS SUBSTANTIAL EXPERIENCE IN THE5
DELIVERY OF CHILD AND FAMILY SERVICES TO INDIANS AND EXTENSIVE6
KNOWLEDGE OF PREVAILING SOCIAL AND CULTURAL STANDARDS AND7
CHILD-REARING PRACTICES IN THE INDIAN CHILD'S TRIBE; OR8
(c) A
N INDIVIDUAL WHO HAS SUBSTANTIAL EXPERIENCE IN THE9
DELIVERY OF CHILD AND FAMILY SERVICES TO INDIANS AND EXTENSIVE10
KNOWLEDGE OF PREVAILING SOCIAL AND CULTURAL STANDARDS AND11
CHILD-REARING PRACTICES IN INDIAN TRIBES WITH CULTURAL12
SIMILARITIES TO THE INDIAN CHILD'S TRIBE.13
(5) A
N INDIAN CHILD'S TRIBE MUST BE PROVIDED THE14
OPPORTUNITY TO QUESTION THE QUALIFIED EXPERT WITNESS IN ALL15
HEARINGS INVOLVING THE INDIAN CHILD, REGARDLESS OF WHETHER THE16
I
NDIAN CHILD'S TRIBE HAS INTERVENED PURSUANT TO SECTION17
19-1.2-113.18
(6) F
OR THE PURPOSES OF THIS SECTION, A PETITIONING OR FILING19
PARTY OR AN EMPLOYEE OF THE PETITIONING OR FILING PARTY MAY NOT20
SERVE AS A QUALIFIED EXPERT WITNESS.21
19-1.2-116. Jurisdiction. (1) E
XCEPT AS OTHERWISE PROVIDED22
IN THIS SECTION, THE COURT'S JURISDICTION PURSUANT TO THIS ARTICLE23
1.2
IN A CASE INVOLVING AN INDIAN CHILD IS CONCURRENT WITH THE24
I
NDIAN CHILD'S TRIBE.25
(2) T
HE INDIAN CHILD'S TRIBE HAS EXCLUSIVE JURISDICTION IN A26
CASE INVOLVING AN INDIAN CHILD IF:27
1204
-42- (a) THE INDIAN CHILD IS A WARD OF A TRIBAL COURT OF THE1
TRIBE; OR2
(b) T
HE INDIAN CHILD RESIDES OR IS DOMICILED ON THE TRIBE 'S3
RESERVATION.4
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE5
COURT HAS TEMPORARY EMERGENCY JURISDICTION OVER AN INDIAN6
CHILD WHO IS TAKEN INTO PROTECTIVE CUSTODY PURSUANT TO SECTION7
19-1.2-110
OR 19-3-201, OR PART 4 OF ARTICLE 3 OF THIS TITLE 19.8
19-1.2-117. Determination of domicile and residence - tribal9
court jurisdiction. (1) I
N A CHILD CUSTODY PROCEEDING INVOLVING AN10
I
NDIAN CHILD, THE COURT SHALL DETERMINE AND ISSUE AN ORDER11
REGARDING THE INDIAN CHILD'S DOMICILE OR RESIDENCE AND WHETHER12
THE INDIAN CHILD IS UNDER A TRIBAL COURT'S JURISDICTION.13
(2) T
HE PETITIONING OR FILING PARTY SHALL COORDINATE WITH14
THE INDIAN CHILD'S TRIBE AS NECESSARY TO ASSIST THE COURT IN15
MAKING A DETERMINATION PURSUANT TO THIS SECTION . IF IT IS UNCLEAR16
WHICH TRIBE IS THE INDIAN CHILD'S TRIBE, THE PETITIONING OR FILING17
PARTY SHALL COORDINATE WITH EACH TRIBE WITH WHICH THERE IS18
REASON TO KNOW THAT THE INDIAN CHILD MAY BE A MEMBER OR ELIGIBLE19
FOR MEMBERSHIP TO ASSIST THE COURT IN MAKING THE DETERMINATION .20
19-1.2-118. Motion to transfer to tribal court - objection.21
(1) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION,22
THE COURT SHALL TRANSFER A CHILD CUSTODY PROCEEDING BROUGHT23
PURSUANT TO THIS ARTICLE 1.2 THAT INVOLVES AN INDIAN CHILD IF, AT24
ANY TIME DURING THE PROCEEDING, THE INDIAN CHILD'S PARENT, INDIAN25
CUSTODIAN, OR TRIBE PETITIONS THE COURT TO TRANSFER THE26
PROCEEDING TO THE TRIBAL COURT , UNLESS GOOD CAUSE IS SHOWN TO27
1204
-43- DENY THE TRANSFER.1
(2) U
PON RECEIPT OF A TRANSFER MOTION , THE COURT SHALL2
CONTACT THE INDIAN CHILD'S TRIBE AND REQUEST A TIMELY RESPONSE3
REGARDING WHETHER THE TRIBE INTENDS TO DECLINE THE TRANSFER .4
(3) (a) I
F A PARTY OBJECTS IN WRITING TO THE TRANSFER MOTION ,5
THE COURT SHALL SET A HEARING ON THE OBJECTIONS TO THE MOTION . IN6
DETERMINING WHETHER THERE IS GOOD CAUSE TO DENY TRANSFER OF7
JURISDICTION TO A TRIBAL COURT , THE COURT SHALL ENGAGE IN A8
FACT-SPECIFIC INQUIRY, DETERMINED ON A CASE-BY-CASE BASIS AS SET9
FORTH IN SUBSECTION (4) OF THIS SECTION.10
(b) A
T THE HEARING, THE OBJECTING PARTY HAS THE BURDEN OF11
PROOF OF ESTABLISHING BY CLEAR AND CONVINCING EVIDENCE THAT12
GOOD CAUSE EXISTS TO DENY THE TRANSFER .13
(c) I
F THE INDIAN CHILD'S TRIBE CONTESTS THE ASSERTION THAT14
GOOD CAUSE EXISTS TO DENY THE TRANSFER , THE COURT SHALL GIVE THE15
TRIBE'S ARGUMENT SUBSTANTIAL WEIGHT .16
(d) W
HEN MAKING A DETERMINATION WHETHER GOOD CAUSE17
EXISTS TO DENY THE TRANSFER MOTION, THE COURT MUST NOT CONSIDER:18
(I) W
HETHER THE PROCEEDING IS AT AN ADVANCED STAGE ;19
(II) W
HETHER THERE HAS BEEN A PRIOR PROCEEDING INVOLVING20
THE INDIAN CHILD IN WHICH A TRANSFER MOTION WAS NOT FILED ;21
(III) W
HETHER THE TRANSFER COULD AFFECT THE PLACEMENT OF22
THE INDIAN CHILD;23
(IV) T
HE INDIAN CHILD'S CULTURAL CONNECTIONS WITH THE24
TRIBE OR THE TRIBE'S RESERVATION;25
(V) T
HE SOCIOECONOMIC C ONDITIONS OF THE INDIAN CHILD'S26
TRIBE OR ANY NEGATIVE PERCEPTION OF THE TRIBE 'S OR THE FEDERAL27
1204
-44- BUREAU OF INDIAN AFFAIRS'S SOCIAL SERVICES OR JUDICIAL SYSTEMS; OR1
(VI) W
HETHER THE TRANSFER SERVES THE BEST INTERESTS OF THE2
I
NDIAN CHILD.3
(4) A
BSENT EXTRAORDINARY CIRCUMSTANCES , GOOD CAUSE TO4
DENY TRANSFER TO A TRIBAL COURT MUST BE BASED ON ONE OR BOTH OF5
THE FOLLOWING FACTORS:6
(a) T
HE INDIAN CHILD'S TRIBE DOES NOT HAVE A TRIBAL COURT OR7
ANY OTHER ADMINISTRATIVE B ODY THAT IS VESTED WITH AUTHORITY8
OVER CHILD CUSTODY PROCEEDINGS TO WHICH THE CASE CAN BE9
TRANSFERRED, AND NO OTHER TRIBAL COURT HAS BEEN DESIGNATED BY10
THE INDIAN CHILD'S TRIBE TO HEAR CHILD CUSTODY PROCEEDINGS ; OR11
(b) T
HE EVIDENCE NECESSARY TO DECIDE THE CASE COULD NOT BE12
ADEQUATELY PRESENTED IN THE TRIBAL COURT WITHOUT UNDUE13
HARDSHIP TO THE PARTIES OR THE WITNESSES , AND THE TRIBAL COURT IS14
UNABLE TO MITIGATE THE HARDSHIP BY ANY MEANS PERMITTED IN THE15
TRIBAL COURT'S RULES. WITHOUT EVIDENCE OF UNDUE HARDSHIP, TRAVEL16
DISTANCE ALONE IS NOT A BASIS FOR DENYING A TRANSFER MOTION .17
(5) (a) T
HE COURT SHALL DENY THE TRANSFER MOTION IF :18
(I) T
HE TRIBE DECLINES THE TRANSFER IN WRITING OR ORALLY ON19
THE RECORD;20
(II) O
NE OF THE INDIAN CHILD'S PARENTS OBJECTS TO THE21
TRANSFER; OR22
(III) A
FTER A HEARING, THE COURT FINDS BY CLEAR AND23
CONVINCING EVIDENCE THAT GOOD CAUSE EXISTS TO DENY THE TRANSFER .24
(b) N
OTWITHSTANDING SUBSECTION (5)(a)(II) OF THIS SECTION,25
THE OBJECTION OF THE INDIAN CHILD'S PARENT DOES NOT PRECLUDE THE26
TRANSFER IF:27
1204
-45- (I) THE OBJECTING PARENT DIES OR THE OBJECTING PARENT 'S1
PARENTAL RIGHTS ARE TERMINATED AND HAVE NOT BEEN RESTORED ; AND2
(II) T
HE INDIAN CHILD'S REMAINING PARENT, INDIAN CUSTODIAN,3
OR TRIBE FILES A NEW TRANSFER MOTION SUBSEQUENT TO THE DEATH OR4
TERMINATION OF PARENTAL RIGHTS OF THE OBJECTING PARENT .5
(6) I
F THE COURT DENIES A TRANSFER MOTION PURSUANT TO THIS6
SECTION, THE COURT SHALL DOCUMENT THE BASIS FOR THE DENIAL IN A7
WRITTEN ORDER.8
19-1.2-119. Requirements if transfer to tribal court granted.9
(1) U
PON GRANTING A MOTION TO TRANSFER PURSUANT TO SECTION10
19-1.2-118,
THE COURT SHALL EXPEDITIOUSLY:11
(a) N
OTIFY THE TRIBAL COURT OF THE PENDING DISMISSAL OF THE12
CHILD CUSTODY PROCEEDING ;13
(b) T
RANSFER ALL INFORMATION REGARDING THE PROCEEDING ,14
INCLUDING PLEADINGS AND COURT RECORDS , TO THE TRIBAL COURT; AND15
(c) I
F THE INDIAN CHILD IS ALLEGED TO BE WITHIN THE16
JURISDICTION OF THE COURT PURSUANT TO SECTION 19-1.2-116, DIRECT17
THE PETITIONING OR FILING PARTY TO:18
(I) C
OORDINATE WITH THE TRIBAL COURT AND THE INDIAN CHILD'S19
TRIBE TO ENSURE THAT THE TRANSFER OF THE PROCEEDING AND THE20
TRANSFER OF CUSTODY OF THE INDIAN CHILD IS ACCOMPLISHED WITH21
MINIMAL DISRUPTION OF SERVICES TO THE INDIAN CHILD AND THE INDIAN22
CHILD'S FAMILY; AND23
(II) E
XPEDITIOUSLY PROVIDE AT NO COST TO THE APPROPRIATE24
TRIBAL AGENCY:25
(A) A
LL RECORDS AND ORIGINAL DOCUMENTS IN THE PETITIONING26
OR FILING PARTY'S POSSESSION THAT ARE RELATED TO THE INDIAN CHILD,27
1204
-46- INCLUDING A BIRTH CERTIFICATE, SOCIAL SECURITY CARD, CERTIFICATE OF1
I
NDIAN BIRTH, AND OTHER SIMILAR DOCUMENTS ;2
(B)
DOCUMENTATION RELATED TO THE INDIAN CHILD'S ELIGIBILITY3
FOR STATE AND FEDERAL ASSISTANCE ; AND4
(C) T
HE ENTIRE CASE RECORD FOR THE INDIAN CHILD THAT THE5
PETITIONING OR FILING PARTY POSSESSES.6
(2) T
HE COURT SHALL DISMISS THE PROCEEDING WITH PREJUDICE7
UPON CONFIRMATION FROM THE TRIBAL COURT THAT THE TRIBAL COURT8
RECEIVED THE REQUIRED TRANSFERRED INFORMATION .9
19-1.2-120. Placement preferences - cultural compact -10
confidentiality. (1) I
F THE PARENTAL RIGHTS OF AN INDIAN CHILD'S11
PARENTS HAVE NOT BEEN TERMINATED AND THE INDIAN CHILD IS IN NEED12
OF PLACEMENT OR CONTINUATION IN SUBSTITUTE CARE , THE INDIAN CHILD13
MUST BE PLACED IN THE LEAST RESTRICTIVE SETTING THAT :14
(a) M
OST CLOSELY APPROXIMATES A FAMILY , TAKING INTO15
CONSIDERATION SIBLING ATTACHMENT ;16
(b) A
LLOWS THE INDIAN CHILD'S SPECIAL NEEDS, IF ANY, TO BE17
MET;18
(c) S
UBJECT TO SUBSECTION (1)(d)(II)(C) OF THIS SECTION, IS IN19
REASONABLE PROXIMITY TO THE INDIAN CHILD'S HOME, EXTENDED20
FAMILY, OR SIBLINGS; AND21
(d) (I) E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION,22
IS IN ACCORDANCE WITH THE ORDER OF PREFERENCE ESTABLISHED BY THE23
I
NDIAN CHILD'S TRIBE; OR24
(II) I
F THE INDIAN CHILD'S TRIBE HAS NOT ESTABLISHED25
PLACEMENT PREFERENCES , IS IN ACCORDANCE WITH THE FOLLOWING26
ORDER OF PREFERENCE:27
1204
-47- (A) THE CHILD'S NONCUSTODIAL PARENT;1
(B) A
MEMBER OF THE INDIAN CHILD'S EXTENDED FAMILY;2
(C) A
FOSTER HOME LICENSED, APPROVED, OR SPECIFIED BY THE3
I
NDIAN CHILD'S TRIBE;4
(D) A
NOTHER MEMBER OF THE INDIAN CHILD'S TRIBE;5
(E) A
NOTHER INDIAN FAMILY WITH WHOM THE INDIAN CHILD HAS6
A RELATIONSHIP;7
(F) A
N INDIAN FAMILY FROM A TRIBE THAT IS CULTURALLY8
SIMILAR OR LINGUISTICALLY CONNECTED TO THE INDIAN CHILD'S TRIBE;9
(G) A
FOSTER HOME LICENSED OR APPROVED BY A LICENSING10
AUTHORITY IN THIS STATE AND IN WHICH ONE OR MORE OF THE LICENSED11
OR APPROVED FOSTER PARENTS IS AN INDIAN; OR12
(H) A
N INSTITUTION FOR CHILDREN THAT HAS A PROGRAM13
SUITABLE TO MEET THE INDIAN CHILD'S NEEDS AND IS APPROVED BY AN14
I
NDIAN TRIBE OR OPERATED BY AN INDIAN ORGANIZATION.15
(2) I
F THE PARENTAL RIGHTS OF THE INDIAN CHILD'S PARENTS16
HAVE BEEN TERMINATED OR IF AN INDIAN CHILD IS IN NEED OF17
GUARDIANSHIP PURSUANT TO PART 2 OF ARTICLE 14 OF TITLE 15 OR18
ADOPTIVE PLACEMENT, EXCEPT AS PROVIDED FOR IN SUBSECTION (3) OF19
THIS SECTION, THE INDIAN CHILD MUST BE PLACED:20
(a) I
N ACCORDANCE WITH THE ORDER OF PREFERENCE21
ESTABLISHED BY THE INDIAN CHILD'S TRIBE; OR22
(b) I
F THE INDIAN CHILD'S TRIBE HAS NOT ESTABLISHED23
PLACEMENT PREFERENCES , ACCORDING TO THE FOLLOWING ORDER OF24
PREFERENCE:25
(I) W
ITH A MEMBER OF THE INDIAN CHILD'S EXTENDED FAMILY;26
(II) W
ITH OTHER MEMBERS OF THE INDIAN CHILD'S TRIBE;27
1204
-48- (III) WITH A MEMBER OR CITIZEN OF AN INDIAN TRIBE IN WHICH1
THE INDIAN CHILD IS ELIGIBLE FOR MEMBERSHIP OR CITIZENSHIP BUT THAT2
IS NOT THE INDIAN CHILD'S TRIBE;3
(IV) W
ITH ANOTHER INDIAN FAMILY WITH WHOM THE INDIAN4
CHILD HAS A RELATIONSHIP;5
(V) W
ITH AN INDIAN FAMILY FROM A TRIBE THAT IS CULTURALLY6
SIMILAR OR LINGUISTICALLY CONNECTED TO THE INDIAN CHILD'S TRIBE;7
OR8
(VI) W
ITH ANOTHER INDIAN FAMILY.9
(3) (a) A
PARTY MAY FILE A MOTION WITH THE COURT REQUESTING10
AUTHORITY TO PLACE THE INDIAN CHILD CONTRARY TO THE PLACEMENT11
PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION. THE12
MOTION MUST DETAIL THE REASONS THE PARTY ASSERTS THAT GOOD13
CAUSE EXISTS FOR PLACEMENT CONTRARY TO THE PLACEMENT14
PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION.15
(b) U
PON THE FILING OF AN OBJECTION TO A MOTION FILED16
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION, THE COURT SHALL SET17
THE TIME FOR A HEARING ON THE OBJECTIONS .18
(c) I
F THE COURT DETERMINES THAT THE MOVING PARTY HAS19
ESTABLISHED ITS BURDEN BY CLEAR AND CONVINCING EVIDENCE THAT20
THERE IS GOOD CAUSE TO DEPART FROM THE PLACEMENT PREFERENCES21
SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION, THE COURT MAY22
AUTHORIZE AN ALTERNATIVE PLACEMENT .23
(d) T
HE COURT'S DETERMINATION PURS UANT TO SUBSECTION24
(3)(c)
OF THIS SECTION:25
(I) M
UST BE IN WRITING AND BASED ON ONE OR MORE OF THE26
FOLLOWING FACTORS:27
1204
-49- (A) THE PREFERENCES OF THE INDIAN CHILD, IF THE INDIAN CHILD1
IS OF SUFFICIENT AGE AND CAPACITY TO UNDERSTAND THE DECISION THAT2
IS BEING MADE;3
(B) T
HE PRESENCE OF A SIBLING ATTACHMENT THAT CANNOT BE4
MAINTAINED THROUGH A PLACEMENT CONSISTENT WITH THE PLACEMENT5
PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION;6
(C) A
NY EXTRAORDINARY PHYSICAL , MENTAL, OR EMOTIONAL7
NEEDS OF THE INDIAN CHILD THAT REQUIRE SPECIALIZED TREATMENT8
SERVICES IF, DESPITE ACTIVE EFFORTS, THOSE SERVICES ARE UNAVAILABLE9
IN THE COMMUNITY WHERE FAMILIES WHO MEET THE PLACEMENT10
PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS SECTION11
RESIDE;12
(D) A
FINDING BASED ON THE TESTIMONY OF THE CHILD13
PLACEMENT AGENCY OR THE PETITIONING OR FILING PARTY THAT A14
DILIGENT SEARCH HAS BEEN CONDUCTED AND THAT A PLACEMENT15
MEETING THE PLACEMENT PREFERENCES SET FORTH IN SUBSECTION (1) OR16
(2)
OF THIS SECTION IS UNAVAILABLE, AS DETERMINED BY THE PREVAILING17
SOCIAL AND CULTURAL STANDARDS OF THE INDIAN COMMUNITY IN WHICH18
THE INDIAN CHILD'S PARENT OR EXTENDED FAMILY RESIDES OR MAINTAINS19
SOCIAL AND CULTURAL TIES; OR20
(E) T
HE PLACEMENT REQUEST OF THE INDIAN CHILD'S PARENT,21
AFTER THE INDIAN CHILD'S PARENT HAS REVIEWED THE PLACEMENT22
OPTIONS, IF ANY COMPLY WITH THE PLACEMENT PREFERENCES SET FORTH23
IN SUBSECTION (1) OR (2) OF THIS SECTION;24
(II) M
UST ALLOW THE COURT TO RETAIN DISCRETION TO FIND THAT25
GOOD CAUSE DOES NOT EXIST EVEN IF ONE OR MORE OF THE FACTORS IN26
THIS SUBSECTION (3) ARE PRESENT;27
1204
-50- (III) MUST, IN APPLYING THE PLACEMENT PREFERENCES SET FORTH1
IN SUBSECTION (1) OR (2) OF THIS SECTION, GIVE WEIGHT TO THE INDIAN2
CHILD'S PARENT'S REQUEST FOR ANONYMITY IF THE PLACEMENT IS AN3
ADOPTIVE PLACEMENT TO WHICH THE INDIAN CHILD'S PARENT HAS4
CONSENTED; AND5
(IV) M
AY NOT BE BASED:6
(A) O
N THE SOCIOECONOMIC CONDITIONS OF THE INDIAN CHILD'S7
TRIBE;8
(B) O
N ANY PERCEPTION OF THE TRIBE'S OR FEDERAL BUREAU OF9
I
NDIAN AFFAIRS' SOCIAL SERVICES OR JUDICIAL SYSTEMS;10
(C) O
N THE DISTANCE BETWEEN A PLACEMENT THAT MEETS THE11
PLACEMENT PREFERENCES SET FORTH IN SUBSECTION (1) OR (2) OF THIS12
SECTION THAT IS LOCATED ON OR NEAR A RESERVATION AND THE INDIAN13
CHILD'S PARENT, EXCEPT IF THE PLACEMENT WOULD UNDERMINE14
REUNIFICATION EFFORTS; OR15
(D) S
OLELY ON THE ORDINARY BONDING OR ATTACHMENT16
BETWEEN THE INDIAN CHILD AND A NON-PREFERRED PLACEMENT ARISING17
FROM TIME SPENT IN THE NON-PREFERRED PLACEMENT.18
(4) T
HE COURT, ON THE COURT'S OWN MOTION OR THE MOTION OF19
ANY PARTY, SHALL MAKE A DETERMINATION PURSUANT TO THIS SECTION20
REGARDING THE INDIAN CHILD'S PLACEMENT IF THE COURT OR THE21
MOVING PARTY HAS REASON TO KNOW THAT THE INDIAN CHILD WAS22
PLACED CONTRARY TO THE PLACEMENT PREFERENCES SET FORTH IN23
SUBSECTION (1) OR (2) OF THIS SECTION WITHOUT GOOD CAUSE. A MOTION24
MADE PURSUANT TO THIS SUBSECTION (4) MAY BE MADE IN WRITING OR25
ORALLY ON THE RECORD.26
(5) T
O ENSURE THAT THIS ARTICLE 1.2 IS FULLY IMPLEMENTED AND27
1204
-51- THAT ALL INDIAN CHILDREN HAVE THE OPPORTUNITY TO MAINTAIN1
STRONG CONNECTIONS TO THEIR CULTURE , IF THE HOUSEHOLD INTO WHICH2
AN INDIAN CHILD IS PLACED FOR ADOPTION OR GUARDIANSHIP DOES NOT3
INCLUDE A PARENT WHO IS A MEMBER OF THE INDIAN CHILD'S TRIBE, THE4
COURT SHALL REQUIRE THE PARTIES TO THE ADOPTION TO ENTER A5
CULTURAL COMPACT AT THE DISCRETION OF THE INDIAN CHILD'S TRIBE, OR6
OTHERWISE DEVELOP A PLAN THAT DOCUMENTS THE PARTIES ' AGREEMENT7
REGARDING HOW THE INDIAN CHILD WILL CONTINUE TO ACTIVELY8
PARTICIPATE IN THE INDIAN CHILD'S CULTURAL LEARNING AND ACTIVITIES,9
AND ENGAGEMENT WITH FAMILY MEMBERS . EACH CULTURAL COMPACT OR10
PLAN MUST BE SPECIFIC TO THE INDIAN CHILD; MUST CONSIDER THE11
I
NDIAN CHILD'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING12
THE INDIAN CHILD'S PREFERENCES; AND MUST TAKE INTO ACCOUNT THE13
I
NDIAN CHILD'S UNDERSTANDING AS THE INDIAN CHILD GROWS AND14
MATURES. THE CULTURAL COMPACT OR PLAN IS CONSIDERED A15
POST-ADOPTION CONTACT AGREEMENT IN ACCORDANCE WITH SECTION16
19-5-208
(4.5) AND ENFORCEABLE IN ACCORDANCE WITH SECTION17
19-5-217.18
(6) A
CONFIDENTIALITY REQUIREMENT, IF ANY, DOES NOT RELIEVE19
THE COURT OR ANY PETITIONERS IN AN ADOPTION PROCEEDING FROM THE20
DUTY TO COMPLY WITH THE PLACEMENT PREFERENCES SET FORTH IN THIS21
SECTION IF THE CHILD IS AN INDIAN CHILD.22
19-1.2-121. Order to vacate judgment. (1) A
PETITION TO23
VACATE AN ORDER OR A JUDGMENT INVOLVING AN INDIAN CHILD24
REGARDING JURISDICTION IN ACCORDANCE WITH SECTIONS 19-1.2-11625
AND 19-1.2-118, PLACEMENT, GUARDIANSHIP, OR THE TERMINATION OF26
PARENTAL RIGHTS MAY BE FILED IN A PENDING CHILD CUSTODY27
1204
-52- PROCEEDING INVOLVING THE INDIAN CHILD OR, IF A CHILD CUSTODY1
PROCEEDING IS NOT PENDING , IN ANY STATE OR LOCAL COURT OF2
COMPETENT JURISDICTION BY:3
(a) T
HE INDIAN CHILD WHO WAS ALLEGED TO BE WITHIN THE4
COURT'S JURISDICTION PURSUANT TO SECTION 19-1.2-116;5
(b) T
HE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN FROM6
WHOSE CUSTODY THE INDIAN CHILD WAS REMOVED OR WHOSE PARENTAL7
RIGHTS WERE TERMINATED; OR8
(c) T
HE INDIAN CHILD'S TRIBE.9
(2) (a) T
HE COURT SHALL VACATE AN ORDER OR JUDGMENT10
INVOLVING AN INDIAN CHILD REGARDING JURISDICTION IN ACCORDANCE11
WITH SECTIONS 19-1.2-116 AND 19-1.2-118, PLACEMENT, GUARDIANSHIP,12
OR THE TERMINATION OF PARENTAL RIGHTS IF THE COURT DETERMINES13
THAT ANY PROVISION OF THIS ARTICLE 1.2 HAS BEEN VIOLATED.14
(b) I
F THE VACATED ORDER OR JUDGMENT RESULTED IN THE15
REMOVAL OR PLACEMENT OF THE INDIAN CHILD, THE COURT SHALL ORDER16
THE CHILD RETURNED TO THE INDIAN CHILD'S PARENT OR INDIAN17
CUSTODIAN AS SOON AS POSSIBLE, AND THE COURT'S ORDER MUST INCLUDE18
A TRANSITION PLAN FOR THE PHYSICAL CUSTODY OF THE CHILD , UNLESS19
THE COURT DETERMINES THAT A HEARING IS TO BE HELD WITHIN20
TWENTY-EIGHT DAYS IN ACCORDANCE WITH 25 U.S.C. SEC. 1912 (e) AND21
SECTION 19-1.2-123 TO DETERMINE IF THE RETURN OF THE INDIAN CHILD22
IS APPROPRIATE. THE TRANSITION PLAN MAY INCLUDE PROTECTIVE23
CUSTODY PURSUANT TO SECTION 19-3-405.24
(c) I
F THE VACATED ORDER OR JUDGMENT TERMINATED PARENTAL25
RIGHTS, THE COURT SHALL ORDER THE PREVIOUSLY TERMINATED26
PARENTAL RIGHTS TO BE RESTORED .27
1204
-53- (d) IF THE STATE OR ANY OTHER PARTY AFFIRMATIVELY ASKS THE1
COURT TO RECONSIDER THE ISSUES UNDER THE VACATED ORDER OR2
JUDGMENT, THE COURT'S FINDINGS OR DETERMINATIONS MUST BE3
READJUDICATED BY THE COURT THAT IS RECONSIDERING WHETHER THERE4
HAS BEEN ABUSE OR NEGLECT SUFFICIENT TO ALLOW THE INDIAN CHILD TO5
BE REMOVED PURSUANT TO THIS ARTICLE 1.2.6
19-1.2-122. Determination of whether an Indian child has been7
improperly removed or retained - remedy. (1) T
HE COURT, ON THE8
COURT'S OWN MOTION OR ON THE MOTION OF ANY PARTY , SHALL9
EXPEDITIOUSLY DETERMINE WHETHER AN INDIAN CHILD WHO IS ASSERTED10
TO BE WITHIN THE COURT 'S JURISDICTION PURSUANT TO SECTION11
19-1.2-116
HAS BEEN IMPROPERLY REMOVED OR IMPROPERLY RETAINED12
FOLLOWING A VISIT OR TEMPORARY RELINQUISHMENT OF CUSTODY . A13
MOTION PURSUANT TO THIS SECTION MAY BE MADE ORALLY OR IN14
WRITING.15
(2) I
F THE COURT FINDS THAT THE INDIAN CHILD HAS BEEN16
IMPROPERLY REMOVED OR IMPROPERLY RETAINED , THE COURT SHALL17
ORDER THE PETITIONING OR FILING PARTY TO IMMEDIATELY RETURN THE18
I
NDIAN CHILD TO THE INDIAN CHILD'S PARENT OR INDIAN CUSTODIAN AND19
DISMISS THE PROCEEDING, UNLESS THE COURT DETERMINES THAT DOING20
SO WOULD SUBJECT THE INDIAN CHILD TO SUBSTANTIAL AND IMMEDIATE21
DANGER OR A THREAT OF SUBSTANTIAL AND IMMEDIATE DANGER . IN SUCH22
A CASE, THE COURT SHALL HOLD A HEARING WITHIN TWENTY -EIGHT DAYS23
IN ACCORDANCE WITH 25 U.S.C. SEC. 1912 (e) AND SECTION 19-1.2-12324
TO DETERMINE IF THE RETURN OF THE INDIAN CHILD IS APPROPRIATE. 25
19-1.2-123. Foster care placement. (1) F
OR A COURT TO ORDER26
FOSTER CARE PLACEMENT IN A CHILD CUSTODY PROCEEDING INVOLVING27
1204
-54- AN INDIAN CHILD:1
(a) T
HE COURT MUST FIND BY CLEAR AND CONVINCING EVIDENCE ,2
INCLUDING THE TESTIMONY OF ONE OR MORE QUALIFIED EXPERT3
WITNESSES, THAT THE INDIAN CHILD'S CONTINUED CUSTODY BY THE4
I
NDIAN CHILD'S PARENT OR INDIAN CUSTODIAN IS LIKELY TO RESULT IN5
SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD; AND6
(b) T
HE COURT MUST DETERMINE THAT THE EVIDENCE REQUIRED7
BY SUBSECTION (1)(a) OF THIS SECTION SHOWS A CAUSAL RELATIONSHIP8
BETWEEN THE PARTICULAR CONDITIONS IN THE INDIAN CHILD'S DOMICILE9
OR RESIDENCE AND THE LIKELIHOOD THAT THE CONTINUED CUSTODY OF10
THE INDIAN CHILD IN THAT DOMICILE OR RESIDENCE WILL RESULT IN11
SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD WHO IS12
THE SUBJECT OF THE CHILD CUSTODY PROCEEDING .13
(2) W
ITHOUT A CAUSAL RELATIONSHIP SHOWN PURSUANT TO14
SUBSECTION (1)(b) OF THIS SECTION, IF THE EVIDENCE SHOWS ONLY THE15
EXISTENCE OF COMMUNITY OR FAMILY POVERTY , ISOLATION, SINGLE16
PARENTHOOD, CUSTODIAN AGE, CROWDED OR INADEQUATE HOUSING ,17
SUBSTANCE ABUSE, OR NONCONFORMING SOCIAL BEHAVIOR , SUCH18
EVIDENCE DOES NOT BY ITSELF CONSTITUTE THE CLEAR AND CONVINCING19
EVIDENCE REQUIRED FOR A FINDING THAT CONTINUED CUSTODY IS LIKELY20
TO RESULT IN SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN21
CHILD.22
19-1.2-124. Tribal customary adoption. (1) I
F THE INDIAN23
CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE PROVIDES NOTICE TO THE24
COURT AND THE PARTIES IN WRITING OR ORALLY ON THE RECORD THAT25
THE INDIAN CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE IS PURSUING26
A TRIBAL CUSTOMARY ADOPTION AS A RESOLUTION TO THE CHILD27
1204
-55- CUSTODY PROCEEDING, THE INDIAN CHILD'S PARENT, INDIAN CUSTODIAN,1
OR TRIBE MUST SECURE A MOTION TO TRANSFER THE CASE TO TRIBAL2
COURT PURSUANT TO SECTION 19-1.2-118 WITHIN SIXTY-THREE DAYS3
AFTER RECEIVING THE NOTICE. IF THE INDIAN CHILD'S PARENT, INDIAN4
CUSTODIAN, OR TRIBE DOES NOT SECURE A MOTION TO TRANSFER THE5
CASE WITHIN SIXTY-THREE DAYS, THE COURT MAY CONSIDER OTHER6
PERMANENCY OR PLACEMENT OPTIONS PURSUANT TO THIS ARTICLE 1.2 AS7
A RESOLUTION TO THE CHILD CUSTODY PROCEEDING . FAILURE TO SECURE8
THE MOTION TO TRANSFER THE CASE WITHIN SIXTY-THREE DAYS DOES NOT9
PREVENT THE INDIAN CHILD'S PARENT, INDIAN CUSTODIAN, OR TRIBE FROM10
FILING A MOTION TO TRANSFER THE CASE TO A TRIBAL COURT AT A LATER11
DATE.12
(2) U
PON THE REQUEST OF THE INDIAN CHILD'S TRIBE OR ANOTHER13
PARTY TO THE CASE IN WHICH THE TRIBAL CUSTOMARY ADOPTION WAS14
ISSUED, THE COURT SHALL CERTIFY A TRIBAL CUSTOMARY ADOPTION15
ORDER AND TREAT THE ORDER IN ACCORDANCE WITH THE FULL FAITH AND16
CREDIT PROVISIONS SET FORTH IN SECTION 19-1.2-131.17
19-1.2-125. Termination of parental rights - tribal customary18
adoption exemption. (1) U
PON THE FILING OF A MOTION TO TERMINATE19
THE PARENT-CHILD LEGAL RELATIONSHIP, THE COURT SHALL MAKE A20
FINDING, SUBJECT TO THE PROCEDURES DESCRIBED IN SECTION 19-1.2-10821
(3),
REGARDING WHETHER THERE IS REASON TO KNOW THAT THE CHILD IS22
AN INDIAN CHILD.23
(2) (a) I
F THERE IS A FINDING THAT THERE IS REASON TO KNOW24
THAT THE CHILD IS AN INDIAN CHILD, IN ADDITION TO THE STATUTORY25
CRITERIA OUTLINED IN SECTION 19-3-604 AND PART 1 OF ARTICLE 5 OF26
THIS TITLE 19, THE COURT SHALL MAKE FINDINGS , SUPPORTED BY27
1204
-56- EVIDENCE BEYOND A REASONABLE DOUBT , INCLUDING THE TESTIMONY OF1
ONE OR MORE QUALIFIED EXPERT WITNESSES , THAT THE PARENTS '2
CONTINUED CUSTODY OF THE INDIAN CHILD IS LIKELY TO RESULT IN3
SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO THE CHILD .4
(b) T
HE COURT MAY NOT ENTER AN ORDER TERMINATING5
PARENTAL RIGHTS OF AN INDIAN CHILD UNLESS:6
(I) T
HE COURT HAS OFFERED THE PARTIES THE OPPORTUNITY TO7
PARTICIPATE IN MEDIATION;8
(II) A
CTIVE EFFORTS TO REUNITE THE INDIAN FAMILY DID NOT9
ELIMINATE THE NECESSITY FOR TERMINATION BASED ON SERIOUS10
EMOTIONAL OR PHYSICAL DAMAGE TO THE INDIAN CHILD; AND11
(III) T
HE COURT HAS CONSIDERED AND ELIMINATED ANY LESS12
DRASTIC ALTERNATIVES TO TERMINATION , INCLUDING, BUT NOT LIMITED13
TO, ALLOCATION OF PARENTAL RESPONSIBILITIES , GUARDIANSHIP, AND14
TRIBAL CUSTOMARY ADOPTION .15
(3) T
HE EVIDENCE REQUIRED PURSUANT TO THIS SECTION MUST16
SHOW A CAUSAL RELATIONSHIP BETWEEN THE PARTICULAR CONDITIONS IN17
THE INDIAN CHILD'S HOME AND THE LIKELIHOOD THAT CONTINUED18
CUSTODY OF THE INDIAN CHILD BY THE INDIAN CHILD'S PARENT OR19
PARENTS WILL RESULT IN SERIOUS EMOTIONAL OR PHYSICAL DAMAGE TO20
THE PARTICULAR INDIAN CHILD WHO IS THE SUBJECT OF THE CHILD21
CUSTODY PROCEEDING . EVIDENCE THAT SHOWS THE EXISTENCE OF22
COMMUNITY OR FAMILY POVERTY , ISOLATION, SINGLE PARENTHOOD,23
CUSTODIAN AGE, CROWDED OR INADEQUATE HOUSING , SUBSTANCE ABUSE,24
OR NONCONFORMING SOCIAL BEHAVIOR DOES NOT , BY ITSELF, ESTABLISH25
A CAUSAL RELATIONSHIP AS REQUIRED BY THIS SECTION .26
(4) A
PETITIONING OR FILING PARTY FILING A MOTION TO27
1204
-57- TERMINATE PARENTAL RIGHTS OF AN INDIAN CHILD SHALL DOCUMENT IN1
THE MOTION WHAT EFFORTS HAVE BEEN MADE TO EXPLORE TRIBAL2
CUSTOMARY ADOPTION PURSUANT TO SECTION 19-1.2-124.3
(5) I
F REQUESTED BY THE TRIBE, THE TERMINATION ORDER MUST4
INCLUDE A PROVISION THAT THE PETITIONING OR FILING PARTY MAINTAIN5
CONNECTIONS BETWEEN THE INDIAN CHILD AND THE INDIAN CHILD'S6
TRIBE.7
(6)
THE RIGHTS OF ONE PARENT MAY BE TERMINATED WITHOUT8
AFFECTING THE RIGHTS OF THE OTHER PARENT .9
19-1.2-126. Voluntary consent - foster care placement,10
relinquishment of parental rights, or adoption - requirements - when11
not valid. (1) W
HEN A PARENT OR INDIAN CUSTODIAN VOLUNTARILY12
CONSENTS TO A FOSTER CARE, PRE-ADOPTIVE OR ADOPTIVE PLACEMENT ,13
OR TO TERMINATE PARENTAL RIGHTS , THE CONSENT IS NOT VALID UNLESS14
EXECUTED IN WRITING AND RECORDED BEFORE A JUDGE OF A COURT OF15
COMPETENT JURISDICTION AND ACCOMPANIED BY THE J UDGE 'S16
CERTIFICATE THAT THE TERMS AND CONSEQUENCES OF THE CONSENT17
WERE FULLY EXPLAINED IN DETAIL AND FULLY UNDERSTOOD BY THE18
PARENT OR INDIAN CUSTODIAN. THE COURT SHALL ALSO CERTIFY THAT19
EITHER THE PARENT OR INDIAN CUSTODIAN FULLY UNDERSTOOD THE20
EXPLANATION IN ENGLISH OR THAT IT WAS INTERPRETED INTO A21
LANGUAGE THAT THE PARENT OR INDIAN CUSTODIAN UNDERSTOOD . ANY22
CONSENT GIVEN PRIOR TO, OR WITHIN TEN DAYS AFTER, BIRTH OF THE23
I
NDIAN CHILD IS NOT VALID.24
(2) A
PARENT OR INDIAN CUSTODIAN MAY WITHDRAW CONSENT TO25
A FOSTER CARE PLACEMENT PURSUANT TO STATE LAW AT ANY TIME , AND,26
UPON SUCH WITHDRAWAL , THE INDIAN CHILD MUST BE RETURNED TO THE27
1204
-58- PARENT OR INDIAN CUSTODIAN.1
(3) I
N A VOLUNTARY PROCEEDING FOR TERMINATION OF PARENTAL2
RIGHTS TO, OR ADOPTIVE PLACEMENT OF, AN INDIAN CHILD, THE CONSENT3
OF THE INDIAN CHILD'S PARENT MAY BE WITHDRAWN FOR ANY REASON AT4
ANY TIME PRIOR TO THE ENTRY OF A FINAL DECREE OF TERMINATION OF5
PARENTAL RIGHTS OR ADOPTION , AS THE CASE MAY BE, AND THE INDIAN6
CHILD MUST BE RETURNED TO THE INDIAN CHILD'S PARENT.7
19-1.2-127. Tribal-state agreements - purpose - requirements.8
(1) (a) T
HE STATE DEPARTMENT SHALL CONTINUE TO MAKE GOOD FAITH9
EFFORTS TO FOLLOW AND REVISE TRIBAL -STATE CHILD WELFARE10
AGREEMENTS WITH THE SOUTHERN UTE INDIAN TRIBE AND THE UTE11
M
OUNTAIN UTE INDIAN TRIBE. THE STATE DEPARTMENT SHALL REVISE A12
TRIBAL-STATE CHILD WELFARE AGREEMENT UPON THE REQUEST OF , AND13
IN CONJUNCTION WITH, THE REQUESTING INDIAN TRIBE.14
(b) T
HE STATE DEPARTMENT MAY ALSO ENTER INTO A15
TRIBAL-STATE CHILD WELFARE AGREEMENT WITH ANY INDIAN TRIBE16
OUTSIDE OF COLORADO THAT HAS A SIGNIFICANT NUMBER OF MEMBER17
CHILDREN OR MEMBERSHIP-ELIGIBLE CHILDREN RESIDING IN THIS STATE.18
(2) T
HE PURPOSES OF A TRIBAL -STATE CHILD WELFARE19
AGREEMENT ARE TO PROMOTE THE CONTINUED EXISTENCE AND INTEGRITY20
OF THE INDIAN TRIBE AS A POLITICAL ENTITY AND TO PROTECT THE VITAL21
INTERESTS OF INDIAN CHILDREN IN SECURING AND MAINTAINING22
POLITICAL, CULTURAL, AND SOCIAL RELATIONSHIPS WITH THEIR TRIBE AND23
FAMILY.24
(3) A
TRIBAL-STATE CHILD WELFARE AGREEMENT MAY INCLUDE25
AGREEMENTS REGARDING DEFAULT JURISDICTION OVER CASES IN WHICH26
THE STATE COURTS AND TRIBAL COURTS HAVE CONCURRENT27
1204
-59- JURISDICTION; THE TRANSFER OF CASES BETWEEN STATE COURTS AND1
TRIBAL COURTS; THE ASSESSMENT, REMOVAL, PLACEMENT, CUSTODY, AND2
ADOPTION OF INDIAN CHILDREN; AND ANY OTHER CHILD WELFARE3
SERVICES PROVIDED TO INDIAN CHILDREN.4
(4) A
TRIBAL-STATE CHILD WELFARE AGREEMENT MUST :5
(a) P
ROVIDE FOR THE COOPERATIVE DELIVERY OF CHILD WELFARE6
SERVICES TO INDIAN CHILDREN IN COLORADO, INCLUDING THE7
UTILIZATION, TO THE EXTENT AVAILABLE, OF SERVICES PROVIDED BY THE8
I
NDIAN TRIBE OR AN ORGANIZATION WHOSE MISSION IS TO SERVE THE9
A
MERICAN INDIAN OR ALASKA NATIVE POPULATION TO IMPLEMENT THE10
TERMS OF THE TRIBAL-STATE CHILD WELFARE AGREEMENT ; AND11
(b) I
F SERVICES PROVIDED BY THE INDIAN TRIBE OR AN12
ORGANIZATION WHOSE MISSION IS TO SERVE THE AMERICAN INDIAN OR13
A
LASKA NATIVE POPULATION ARE UNAVAILABLE , PROVIDE FOR THE STATE14
DEPARTMENT'S USE OF COMMUNITY SERVICES AND RESOURCES DEVELOPED15
SPECIFICALLY FOR INDIAN FAMILIES AND THAT HAVE THE DEMONSTRATED16
CAPACITY TO PROVIDE CULTURALLY RELEVANT AND EFFECTIVE SERVICES17
TO INDIAN CHILDREN.18
19-1.2-128. Collateral attack. (1) A
FTER THE ENTRY OF A FINAL19
DECREE OF ADOPTION OF AN INDIAN CHILD, THE INDIAN CHILD'S PARENT20
MAY WITHDRAW CONSENT UPON THE GROUNDS THAT CONSENT WAS21
OBTAINED THROUGH FRAUD OR DURE SS AND MAY PETITION THE COURT TO22
VACATE THE DECREE.23
(2) U
PON A FINDING THAT CONSENT WAS OBTAINED THROUGH24
FRAUD OR DURESS, THE COURT SHALL VACATE THE DECREE OF ADOPTION25
AND ORDER THE RETURN OF THE INDIAN CHILD TO THE INDIAN CHILD'S26
PARENT.27
1204
-60- (3) AN ADOPTION THAT HAS BEEN EFFECTIVE FOR AT LEAST TWO1
YEARS SHALL NOT BE INVALIDATED PURSUANT TO THIS SECTION UNLESS2
OTHERWISE PERMITTED BY STATE LAW .3
19-1.2-129. Report. (1) THE STATE DEPARTMENT SHALL COMPILE4
ANY INFORMATION THAT RELATES TO THE IMPLEMENTATION OF THIS5
ARTICLE 1.2 AND IS REQUIRED PURSUANT TO 45 CFR 1355.44 CONCERNING6
THE ADOPTION AND FOSTER CARE ANALYSIS AND REPORTING SYSTEM .7
(2) (a) ON OR BEFORE JULY 1, 2027, AND EVERY ODD-NUMBERED8
YEAR THEREAFTER, THE JUDICIAL DEPARTMENT SHALL PROVIDE THE9
FOLLOWING INFORMATION FOR THE PRIOR TWO -YEAR PERIOD TO THE10
STATE DEPARTMENT:11
(I) T
HE NUMBER OF INDIAN CHILDREN INVOLVED IN DEPENDENCY12
AND NEGLECT PROCEEDINGS ;13
(II) T
HE DATES OUT-OF-HOME PLACEMENT WERE ORDERED FOR14
I
NDIAN CHILDREN IN PROTECTIVE CUSTODY ;15
(III) T
HE RATIO OF INDIAN CHILDREN TO NON-INDIAN CHILDREN IN16
PROTECTIVE CUSTODY; AND17
(IV) T
HE NUMBER OF CASES THAT WERE TRANSFERRED TO A18
TRIBAL COURT PURSUANT TO SECTIONS 19-1.2-118 AND 19-1.2-119.19
(b) O
N OR BEFORE SEPTEMBER 15, 2027, AND EVERY20
ODD-NUMBERED YEAR THEREAFTER , THE STATE DEPARTMENT SHALL21
COMPILE THE FOLLOWING INFORMATION FOR THE PRIOR TWO -YEAR22
PERIOD:23
(I) W
HICH TRIBES THE INDIAN CHILDREN WHO WERE IN24
PROTECTIVE CUSTODY WERE MEMBERS OF OR ELIGIBLE FOR MEMBERSHIP25
IN;26
27
1204
-61- (II) THE NUMBER OF INDIAN CHILDREN IN FOSTER CARE;1
(III) THE NUMBER OF INDIAN CHILDREN PLACED IN ADOPTIVE2
HOMES FROM THE CHILD WELFARE SYSTEM ; AND3
(IV) THE NUMBER OF AVAILABLE PLACEMENTS AND COMMON4
BARRIERS TO RECRUITMENT AND R ETENTION OF APPROPRIATE5
PLACEMENTS.6
(c) N
O LATER THAN
DECEMBER 1, 2027, AND EVERY7
EVEN-NUMBERED YEAR THEREAFTER , THE STATE DEPARTMENT SHALL8
REPORT THE FINDINGS OF THE INFORMATION COMPILED PURSUANT TO9
SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION TO THE HOUSE OF10
REPRESENTATIVES HEALTH AND HUMAN SERVICES COMMITTEE , THE HOUSE11
OF REPRESENTATIVES JUDICIARY COMMITTEE , THE SENATE HEALTH AND12
HUMAN SERVICES COMMITTEE , AND THE SENATE JUDICIARY COMMITTEE ,13
OR THEIR SUCCESSOR COMMITTEES .14
(2) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13615
(11)(a)(I),
THE REPORT REQUIRED PURSUANT TO THIS SECTION CONTINUES16
INDEFINITELY.17
19-1.2-130. Conflict of laws. (1) I
F ANY PROVISION OF THIS18
SECTION 1.2 IS FOUND TO PROVIDE A LOWER STANDARD OF PROTECTION TO19
THE RIGHTS OF AN INDIAN CHILD OR THE INDIAN CHILD'S PARENT, INDIAN20
CUSTODIAN, OR TRIBE THAN THE FEDERAL "INDIAN CHILD WELFARE ACT21
OF 1978":22
(a) T
HE HIGHER STANDARD OF PROTECTION IN THE FEDERAL23
"I
NDIAN CHILD WELFARE ACT OF 1978" CONTROLS; AND24
(b) T
HE CONFLICTING PROVISION DOES NOT RENDER ANY25
REMAINING PROVISIONS OF THIS ARTICLE 1.2 INOPERATIVE THAT PROVIDE26
A HIGHER STANDARD OF PROTECTION THAN THE FEDERAL "INDIAN CHILD27
1204
-62- WELFARE ACT OF 1978".1
19-1.2-131. Full faith and credit. T
HE COURT SHALL GIVE FULL2
FAITH AND CREDIT TO THE PUBLIC ACTS , RECORDS, AND JUDICIAL3
PROCEEDINGS OF AN INDIAN TRIBE APPLICABLE TO AN INDIAN CHILD4
CUSTODY PROCEEDING , INCLUDING, BUT NOT LIMITED TO , TRIBAL5
CUSTOMARY ADOPTIONS , TO THE SAME EXTENT THAT THE STATE GIVES6
FULL FAITH AND CREDIT TO THE PUBLIC ACTS , RECORDS, AND JUDICIAL7
PROCEEDINGS OF ANY OTHER GOVERNMENTAL ENTITY . BY GRANTING FULL8
FAITH AND CREDIT PURSUANT TO THIS SECTION , A TRIBAL COURT ORDER9
IS ENFORCEABLE PURSUANT TO SECTIONS 13-53-102 AND 13-53-103.10
19-1.2-132. Rules. T
HE DEPARTMENT OF HUMAN SERVICES AND11
THE JUDICIAL DEPARTMENT MAY ADOPT RULES AS NECESSARY TO12
IMPLEMENT THIS ARTICLE 1.2.13
SECTION 3. In Colorado Revised Statutes, 19-3-702, amend14
(4)(e) introductory portion; and add (4)(e)(III.5) as follows:15
19-3-702. Permanency hearing. (4) (e) If the court finds that16
there is not a substantial probability that the child or youth will be17
returned to a parent or legal guardian within six months and the child or18
youth appears to be adoptable and meets the criteria for adoption in19
section 19-5-203, the court may order the
A county department of human20
or social services to show cause why it should not file a motion to21
terminate the parent-child legal relationship pursuant to part 6 of this22
article 3. Cause may include, but is not limited to, any of the following23
conditions:24
(III.5) T
HE COURT, IN A PROCEEDING INVOLVING AN INDIAN CHILD,25
HAS DETERMINED THAT ACTIVE EFFORTS , AS DEFINED IN SECTION26
19-1.2-103
AND DESCRIBED IN SECTION 19-1.2-111, HAVE NOT BEEN27
1204
-63- MADE;1
SECTION 4. In Colorado Revised Statutes, 19-1-103, amend2
(83), (84), and (85) as follows:3
19-1-103. Definitions. As used in this title 19 or in the specified4
portion of this title 19, unless the context otherwise requires:5
(83) "Indian child" means an unmarried person who is younger6
than eighteen years of age and who is either: HAS THE SAME MEANING AS7
SET FORTH IN SECTION 19-1.2-103.8
(a) A member of an Indian tribe; or9
(b) Eligible for membership in an Indian tribe and who is the10
biological child of a member of an Indian tribe.11
(84) "Indian child's tribe" means: HAS THE MEANING DETERMINED12
PURSUANT TO SECTION 19-1.2-108.13
(a) The Indian tribe in which an Indian child is a member or14
eligible for membership; or15
(b) In the case of an Indian child who is a member of or eligible16
for membership in more than one tribe, the Indian tribe with which the17
Indian child has the most significant contacts.18
(85) "Indian tribe" means an Indian tribe, band, nation, or other19
organized group or community of Indians recognized as eligible for the20
federal governmental services provided to Indians because of their status21
as Indians HAS THE SAME MEANING AS SET FORTH IN SECTION 19-1.2-103.22
SECTION 5. In Colorado Revised Statutes, 19-2.5-502, amend23
(5)(a) introductory portion and (5)(b) as follows:24
19-2.5-502. Petition initiation - petition form and content.25
(5) (a) Pursuant to section 19-1-126 ARTICLE 1.2 OF THIS TITLE 19, in26
those delinquency proceedings to which the federal "Indian Child Welfare27
1204
-64- Act of 1978", 25 U.S.C. sec. 1901 et seq., as amended, applies, including,1
but not limited to, status offenses such as the illegal possession or2
consumption of ethyl alcohol or marijuana by an underage person3
INDIVIDUAL or illegal possession of marijuana paraphernalia by an4
underage person, as described in section 18-13-122, and possession of5
handguns by juveniles, as described in section 18-12-108.5, the petition6
must:7
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian8
custodian of the child
and to the Indian child's tribe pursuant to section9
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts must be10
attached to the petition and filed with the court or filed within fourteen11
days after the filing of the petition, as specified in section 19-1-126 (1)(c)12
ARTICLE 1.2 OF THIS TITLE 19.13
SECTION 6. In Colorado Revised Statutes, 19-3-502, amend14
(2.7)(a) introductory portion and (2.7)(b) as follows:15
19-3-502. Petition form and content - limitations on claims in16
dependency or neglect actions. (2.7) (a) Pursuant to the provisions of17
section 19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the petition must:18
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian19
custodian of the child
and to the Indian child's tribe pursuant to section20
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts shall MUST be21
attached to the petition and filed with the court or filed within ten22
FOURTEEN days after the filing of the petition, as specified in section23
19-1-126 (1)(c) ARTICLE 1.2 OF THIS TITLE 19.24
SECTION 7. In Colorado Revised Statutes, 19-3-602, amend25
(1.5)(a) introductory portion and (1.5)(b) as follows:26
19-3-602. Motion for termination - separate hearing - right to27
1204
-65- counsel - no jury trial. (1.5) (a) Pursuant to the provisions of section1
19-1-126 SECTION 19-1.2-125, the motion for termination 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 SECTION 19-1.2-108, the postal receipts, or copies thereof, shall5
MUST be attached to the motion for termination and filed with the court6
or filed within ten FOURTEEN days after the filing of the motion for7
termination, as specified in section 19-1-126 (1)(c) SECTION 19-1.2-125.8
SECTION 8. In Colorado Revised Statutes, 19-5-103, amend9
(1.5)(a) introductory portion and (1.5)(b) as follows:10
19-5-103. Relinquishment procedure - petition - hearings.11
(1.5) (a) Pursuant to the provisions of section 19-1-126 ARTICLE 1.2 OF12
THIS TITLE 19, the petition for relinquishment shall MUST:13
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian14
custodian of the child
and to the Indian child's tribe pursuant to section15
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts shall MUST be16
attached to the petition and filed with the court or filed within fourteen17
days after the filing of the petition, as specified in section 19-1-126 (1)(c)18
ARTICLE 1.2 OF THIS TITLE 19.19
SECTION 9. In Colorado Revised Statutes, 19-5-105.5, amend20
(7.3) as follows:21
19-5-105.5. Termination of parent-child legal relationship22
upon a finding that the child was conceived as a result of sexual23
assault - legislative declaration - definitions. (7.3) If the child is an24
Indian child, the court shall ensure compliance with the federal "Indian25
Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and the26
provisions of section 19-1-126 ARTICLE 1.2 OF THIS TITLE 19.27
1204
-66- SECTION 10. In Colorado Revised Statutes, 19-5-105.7, amend1
(11)(b) as follows:2
19-5-105.7. Termination of parent-child legal relationship in3
a case of an allegation that a child was conceived as a result of sexual4
assault but in which no conviction occurred - legislative declaration5
- definitions. (11) (b) If the child is an Indian child, the court shall6
ensure compliance with the federal "Indian Child Welfare Act of 1978",7
25 U.S.C. sec. 1901 et seq., and the provisions of section 19-1-1268
ARTICLE 1.2 OF THIS TITLE 19.9
SECTION 11. In Colorado Revised Statutes, 19-5-208, amend10
(2.5)(a) introductory portion and (2.5)(b) as follows:11
19-5-208. Petition for adoption - open adoption - post-adoption12
contact agreement. (2.5) (a) Pursuant to the provisions of section13
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the petition for adoption must:14
(b) If notices were sent to the I
NDIAN CHILD'S parent or Indian15
custodian of the child
and to the Indian child's tribe pursuant to section16
19-1-126 ARTICLE 1.2 OF THIS TITLE 19, the postal receipts, or copies17
thereof, shall MUST be attached to the petition for adoption and filed with18
the court or filed within ten FOURTEEN days after the filing of the petition19
for adoption, as specified in section 19-1-126 (1)(c) ARTICLE 1.2 OF THIS20
TITLE 19.21
SECTION 12. Safety clause. The general assembly finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety or for appropriations for24
the support and maintenance of the departments of the state and state25
institutions.26
1204
-67-