House Bill 25-1204 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the codification of the federal "Indian Child

• Page 1, Line 102Welfare Act of 1978" as the "Colorado Indian Child

• Page 1, Line 103Welfare Act".

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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, repeal 19-1-126 as follows:

• Page 2, Line 319-1-126.  Compliance with the federal "Indian Child Welfare

• Page 2, Line 4Act of 1978".(1)  In each case filed pursuant to this title 19 that

• Page 2, Line 5constitutes a child custody proceeding, as defined in the federal "Indian

• Page 2, Line 6Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and therefore to

• Page 2, Line 7which the terms of the federal "Indian Child Welfare Act of 1978", 25

• Page 2, Line 8U.S.C. sec. 1901 et seq., apply, the court and each party to the proceeding

• Page 2, Line 9shall comply with the federal implementing regulations, and any

• Page 2, Line 10modifications thereof, of the federal "Indian Child Welfare Act of 1978",

• Page 2, Line 1125 U.S.C. sec. 1901 et seq., located in 25 CFR 23, which outline the

• Page 2, Line 12minimum federal standards governing the implementation of the "Indian

• Page 2, Line 13Child Welfare Act of 1978" to ensure the statute is applied in Colorado

• Page 2, Line 14consistent with the act's express language, congress's intent in enacting

• Page 2, Line 15the statute, and to promote the stability and security of Indian children,

• Page 2, Line 16tribes, and families. In each child-custody proceeding filed pursuant to

• Page 2, Line 17this title 19 to which the terms of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., apply:

• Page 2, Line 18(a) (I)  The court shall make inquiries to determine whether the

• Page 2, Line 19child who is the subject of the proceeding is an Indian child, and, if so,

• Page 2, Line 20shall determine the identity of the Indian child's tribe. In determining the Indian child's tribe:

• Page 2, Line 21(A)  The court shall ask each participant in an emergency or

• Page 2, Line 22voluntary or involuntary child-custody proceeding whether the participant

• Page 2, Line 23knows or has reason to know that the child is an Indian child. The inquiry

• Page 3, Line 1is to be made at the commencement of the proceeding, and all responses

• Page 3, Line 2must be on the record. The court shall instruct the participants to inform

• Page 3, Line 3the court if any participant subsequently receives information that provides reason to know the child is an Indian child.

• Page 3, Line 4(B)  Any party to the proceeding shall disclose any information

• Page 3, Line 5indicating that the child is an Indian child or provide an identification

• Page 3, Line 6card indicating membership in a tribe to the petitioning and filing parties

• Page 3, Line 7and the court in a timely manner. The court shall order the party to

• Page 3, Line 8provide the information no later than seven business days after the date

• Page 3, Line 9of the hearing or prior to the next hearing on the matter, whichever occurs

• Page 3, Line 10first. The information should be filed with the court and provided to the

• Page 3, Line 11county department of human or social services and each party no later than seven business days after the date of the hearing.

• Page 3, Line 12(II)  The court, upon conducting the inquiry described in

• Page 3, Line 13subsection (1)(a)(I) of this section, has reason to know that a child is an Indian child if:

• Page 3, Line 14(A)  Any participant in the child-custody proceeding, officer of the

• Page 3, Line 15court involved in the child-custody proceeding, Indian tribe, Indian organization, or agency informs the court that the child is an Indian child;

• Page 3, Line 16(B)  Any participant in the child-custody proceeding, officer of the

• Page 3, Line 17court involved in the child-custody proceeding, Indian tribe, Indian

• Page 3, Line 18organization, or agency informs the court that it has discovered information indicating that the child is an Indian child;

• Page 3, Line 19(C)  The child who is the subject of the child-custody proceeding gives the court reason to know he or she is an Indian child;

• Page 3, Line 20(D)  The court is informed that the domicile or residence of the

• Page 3, Line 21child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska native village;

• Page 4, Line 1(E)  The court is informed that the child is or has been a ward of a tribal court, as defined in 25 U.S.C. sec. 1903; or

• Page 4, Line 2(F)  The court is informed that the child or the child's parent possesses an identification card indicating membership in an Indian tribe.

• Page 4, Line 3(b)  If the court knows or has reason to know, as defined in

• Page 4, Line 4subsection (1)(a)(II) of this section, that the child who is the subject of the

• Page 4, Line 5proceeding is an Indian child, the petitioning or filing party shall send

• Page 4, Line 6notice by registered or certified mail, return receipt requested, to the

• Page 4, Line 7parent or parents, the Indian custodian or Indian custodians of the child

• Page 4, Line 8and to the tribal agent of the Indian child's tribe as designated in 25 CFR

• Page 4, Line 923, or, if there is no designated tribal agent, the petitioning or filing party

• Page 4, Line 10shall contact the tribe to be directed to the appropriate office or

• Page 4, Line 11individual. In providing notice, the court and each party shall comply with 25 CFR 23.111.

• Page 4, Line 12(c)  The petitioning or filing party shall disclose in the complaint,

• Page 4, Line 13petition, or other commencing pleading filed with the court that the child

• Page 4, Line 14who is the subject of the proceeding is an Indian child and the identity of

• Page 4, Line 15the Indian child's tribe or what efforts the petitioning or filing party has

• Page 4, Line 16made in determining whether the child is an Indian child. If the child who

• Page 4, Line 17is the subject of the proceeding is determined to be an Indian child, the

• Page 4, Line 18petitioning or filing party shall further identify what reasonable efforts

• Page 4, Line 19have been made to send notice to the persons identified in subsection

• Page 4, Line 20(1)(b) of this section. The postal receipts indicating that notice was

• Page 4, Line 21properly sent by the petitioning or filing party to the parent or Indian

• Page 4, Line 22custodian of the Indian child and to the Indian child's tribe must be

• Page 4, Line 23attached to the complaint, petition, or other commencing pleading filed

• Page 5, Line 1with the court; except that, if notification has not been perfected at the

• Page 5, Line 2time the initial complaint, petition, or other commencing pleading is filed

• Page 5, Line 3with the court or if the postal receipts have not been received back from

• Page 5, Line 4the post office, the petitioning or filing party shall file the postal receipts

• Page 5, Line 5with the court. Any responses sent by the tribal agents to the petitioning

• Page 5, Line 6or filing party, the county department of human or social services, or the court must be distributed to the parties and deposited with the court.

• Page 5, Line 7(2)  If there is reason to know the child is an Indian child but the

• Page 5, Line 8court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall:

• Page 5, Line 9(a)  Confirm, by way of a report, declaration, or testimony included

• Page 5, Line 10in the record, that the petitioning or filing party used due diligence to

• Page 5, Line 11identify and work with all of the tribes of which there is reason to know

• Page 5, Line 12the child may be a member, or eligible for membership, to verify whether

• Page 5, Line 13the child is in fact a member, or a biological parent is a member and the child is eligible for membership; and

• Page 5, Line 14(b)  Treat the child as an Indian child, unless and until it is

• Page 5, Line 15determined on the record that the child does not meet the definition of an Indian child.

• Page 5, Line 16(3)  If the court receives information that the child may have

• Page 5, Line 17Indian heritage but does not have sufficient information to determine that

• Page 5, Line 18there is reason to know that the child is an Indian child pursuant to

• Page 5, Line 19subsection (1)(a)(II) of this section, the court shall direct the petitioning

• Page 5, Line 20or filing party to exercise due diligence in gathering additional

• Page 5, Line 21information that would assist the court in determining whether there is

• Page 5, Line 22reason to know that the child is an Indian child. The court shall direct the

• Page 5, Line 23petitioning or filing party to make a record of the effort taken to

• Page 6, Line 1determine whether or not there is reason to know that the child is an Indian child.

• Page 6, Line 2(4)  The requirements of the federal "Indian Child Welfare Act of

• Page 6, Line 31978", 25 U.S.C. sec. 1901 et seq., in effect as of February 9, 2003, and

• Page 6, Line 4the related regulations located at 25 CFR 23, in effect as of February 9, 2023, are incorporated into and adopted as state law.

• Page 6, Line 5SECTION 2.  In Colorado Revised Statutes, add article 1.2 to title 19 as follows:

• Page 6, Line 6ARTICLE 1.2

• Colorado Indian Child Welfare Act

• Page 6, Line 719-1.2-101.  Short title.The short title of this article 1.2 is the "Colorado Indian Child Welfare Act".

• Page 6, Line 819-1.2-102.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 6, Line 9(a)  Historically, an alarmingly high percentage of Indian

• Page 6, Line 10families were disrupted by the removal, often unwarranted, of

• Page 6, Line 11their children by non-tribal public and private agencies, and

• Page 6, Line 12that a disturbingly high percentage of those Indian children

• Page 6, Line 13were placed in non-Indian foster and adoptive homes and institutions;

• Page 6, Line 14(b)  As a result of these actions, thousands of Indian families, tribal nations, and entire cultures were devastated;

• Page 6, Line 15(c)  The states, in exercising their recognized jurisdiction

• Page 6, Line 16over Indian child custody proceedings through administrative

• Page 6, Line 17and judicial bodies, historically failed to recognize the

• Page 6, Line 18essential tribal relations of Indian people and the cultural and

• Page 6, Line 19social standards prevailing in Indian communities and cultures;

• Page 7, Line 1(d)  In response to these circumstances, the United States

• Page 7, Line 2congress passed the federal "Indian Child Welfare Act of 1978",

• Page 7, Line 325 U.S.C. sec. 1901 et seq., known as "ICWA", to protect the best

• Page 7, Line 4interests of Indian children and to promote the stability and

• Page 7, Line 5security of Indian tribes and families by establishing minimum

• Page 7, Line 6federal standards for the removal of Indian children from their

• Page 7, Line 7families and for the placement of those Indian children in foster

• Page 7, Line 8or adoptive homes that would reflect the unique values of

• Page 7, Line 9Indian culture. The act provides assistance to Indian tribes in the operation of child and family service programs.

• Page 7, Line 10(e)  ICWA has been the subject of targeted attacks in the

• Page 7, Line 11federal courts, including most recently in Haaland v. Brackeen,

• Page 7, Line 12599 U.S. 255 (2023), in which the United States supreme court

• Page 7, Line 13upheld ICWA in its entirety. Even with Haaland v. Brackeen upholding ICWA, the law remains subject to challenge.

• Page 7, Line 14(f)  The Colorado general assembly can combat

• Page 7, Line 15challenges to ICWA by upholding ICWA's recognized "gold standard" in child welfare protection;

• Page 7, Line 16(g)  As of 2025, seventeen states have passed comprehensive

• Page 7, Line 17state ICWA laws while Colorado has adopted parts of the

• Page 7, Line 18federal law and, most recently in Senate Bill 23-211, adopted

• Page 7, Line 19and incorporated ICWA and its regulations by reference as Colorado law;

• Page 7, Line 20(h)  A critical element of ICWA is the requirement to

• Page 7, Line 21notify an Indian child's tribe when a state court proceeding is

• Page 7, Line 22commenced that could result in the placement of the Indian

• Page 7, Line 23child out of the Indian child's home. The purpose of the notice is

• Page 8, Line 1to provide the Indian child's tribe the opportunity to transfer

• Page 8, Line 2the case to a tribal court or otherwise participate in the state court proceeding.

• Page 8, Line 3(i)  To achieve these goals, it is crucial to determine,

• Page 8, Line 4consistently and faithfully, whether a child who is the subject

• Page 8, Line 5of these types of state court proceedings is an Indian child and

• Page 8, Line 6to ensure that, if so, appropriate and timely notice is provided,

• Page 8, Line 7particularly notice to the relevant tribes when the county

• Page 8, Line 8department of human or social services receives information that a child may be an Indian child;

• Page 8, Line 9(j)  The state of Colorado has previously recognized that

• Page 8, Line 10Indian tribes have a compelling interest in promoting and

• Page 8, Line 11maintaining their integrity and culture by entering into federal

• Page 8, Line 12"Indian Child Welfare Act of 1978" agreements with the

• Page 8, Line 13Southern Ute Indian Tribe and the Ute Mountain Ute Indian

• Page 8, Line 14Tribe. The agreements, among other things, place stringent

• Page 8, Line 15notice requirements on the state in proceedings involving Indian

• Page 8, Line 16children and provide for the delay of proceedings until the

• Page 8, Line 17required notice has been provided to the tribe in question. The

• Page 8, Line 18state of Colorado further recognizes that the department of

• Page 8, Line 19human services may also enter into a tribal-state agreement

• Page 8, Line 20with tribes outside of Colorado that have significant numbers

• Page 8, Line 21of member Indian children or membership-eligible Indian children residing in Colorado.

• Page 8, Line 22(k)  Colorado is committed to the consistent application of

• Page 8, Line 23and compliance with the federal ICWA throughout the state to

• Page 8, Line 24ensure that proper notice is provided and procedures are

• Page 9, Line 1followed as specified by ICWA when state court actions involve Indian children; and

• Page 9, Line 2(l)  Nothing is more vital to the continued existence and integrity of Indian tribes than their children.

• Page 9, Line 3(2)  Therefore, the general assembly determines and declares that:

• Page 9, Line 4(a)  It is appropriate and in the best interests of the Indian

• Page 9, Line 5families who are intended to be protected by the terms of the

• Page 9, Line 6federal "Indian Child Welfare Act of 1978" and the Indian children represented thereby that:

• Page 9, Line 7(I)  The federal "Indian Child Welfare Act of 1978"

• Page 9, Line 8agreements entered into between the state of Colorado and the

• Page 9, Line 9Southern Ute Indian Tribe and the Ute Mountain Ute Indian Tribe are reaffirmed; and

• Page 9, Line 10(II)  A comprehensive Colorado "Indian Child Welfare Act"

• Page 9, Line 11is enacted to ensure consistent and reliable compliance with the

• Page 9, Line 12federal ICWA for the protection of Indian children within

• Page 9, Line 13Colorado and to ensure that Indian children in this state are

• Page 9, Line 14protected as stated should the federal law be appealed, modified, or otherwise annulled;

• Page 9, Line 15(b)  The state of Colorado recognizes all federally

• Page 9, Line 16recognized Indian tribes as having the inherent authority to

• Page 9, Line 17determine their own jurisdiction for any and all Indian child

• Page 9, Line 18custody or child placement proceedings, regardless of whether

• Page 9, Line 19the tribe's members are on or off the reservation and regardless of the procedural posture of the proceeding;

• Page 9, Line 20(c)  The state of Colorado has long recognized the

• Page 10, Line 1importance of Indian children to their tribes, not only as

• Page 10, Line 2members of tribal families and communities but also as the

• Page 10, Line 3tribe's greatest resource as future members and leaders of the

• Page 10, Line 4tribe. The vitality of Indian children in Colorado is essential to

• Page 10, Line 5the health and welfare of both the state and tribes, and is

• Page 10, Line 6essential to the future welfare and continued existence of the tribes.

• Page 10, Line 7(d)  It is the policy of the state to cooperate fully with

• Page 10, Line 8Indian tribes and tribal citizens to ensure that the intent and provisions of the federal ICWA are enforced; and

• Page 10, Line 9(e)  Advancing ICWA is consistent with the "Colorado Children's Code" and with article II of the state constitution.

• Page 10, Line 10(3)  Therefore, the general assembly declares that the

• Page 10, Line 11purpose of this article 1.2 is to codify the federal "Indian Child

• Page 10, Line 12Welfare Act of 1978" into state law and to provide additional protections for Indian children pursuant to state law.

• Page 10, Line 1319-1.2-103.  Definitions.As used in this article 1.2, unless the context otherwise requires:

• Page 10, Line 14(1)  "Active efforts" means efforts that are affirmative,

• Page 10, Line 15active, thorough, timely, and intended to maintain or reunite an

• Page 10, Line 16Indian child with the Indian child's family by providing remedial

• Page 10, Line 17services and rehabilitative programs. "Active efforts" require

• Page 10, Line 18more than a referral to a service and must be conducted in

• Page 10, Line 19partnership with the Indian child, the Indian child's parent or Indian custodian, extended family members, and the tribe.

• Page 10, Line 20(2) (a)  "Child custody proceeding" means a child custody

• Page 10, Line 21proceeding within the court's jurisdiction and includes:

• Page 11, Line 1(I)  Foster care placements, including any action removing

• Page 11, Line 2an Indian child from the Indian child's parent or Indian

• Page 11, Line 3custodian for temporary placement in a foster home or

• Page 11, Line 4institution, or the home of a guardian or conservator when the

• Page 11, Line 5Indian parent or Indian custodian cannot have the Indian child

• Page 11, Line 6returned upon demand but parental rights have not been

• Page 11, Line 7terminated, including, but not limited to, a hearing held pursuant to section 19-3-405, 19-3-507, 19-3-508, or 19-3-702;

• Page 11, Line 8(II)  Termination of parental rights, including any action resulting in the termination of the parent-child relationship;

• Page 11, Line 9(III)  Pre-adoptive placement, including the temporary

• Page 11, Line 10placement of an Indian child in a foster home or institution

• Page 11, Line 11after the termination of parental rights but prior to or in lieu of adoptive placement;

• Page 11, Line 12(IV)  Adoptive placement, including the permanent

• Page 11, Line 13placement of an Indian child for adoption and any action resulting in a final decree of adoption;

• Page 11, Line 14(V)  A parentage determination; and

• Page 11, Line 15(VI)  Guardianship or allocation of parental

• Page 11, Line 16responsibilities to a nonparent, including an action taken in a

• Page 11, Line 17probate or domestic relations case removing an Indian child

• Page 11, Line 18from the Indian child's parent or Indian custodian for temporary

• Page 11, Line 19placement in the home of a guardian, conservator, or nonparent

• Page 11, Line 20when the Indian child's parent or Indian custodian cannot have

• Page 11, Line 21the Indian child returned upon demand but parental rights have not been terminated.

• Page 11, Line 22(b)  An action that may culminate in one of the outcomes

• Page 12, Line 1described in subsection (2)(a) of this section is a separate child

• Page 12, Line 2custody proceeding from an action that may culminate in a

• Page 12, Line 3different one of the outcomes. There may be several child

• Page 12, Line 4custody proceedings involving an Indian child, and within each

• Page 12, Line 5child custody proceeding, there may be several separate hearings.

• Page 12, Line 6(c)  "Child custody proceeding" does not include:

• Page 12, Line 7(I)  A proceeding for the custody or support of, or

• Page 12, Line 8parenting time with, an Indian child that is solely between two parents;

• Page 12, Line 9(II)  An emergency proceeding as described in section 19-1.2-110; or

• Page 12, Line 10(III)  A delinquency proceeding other than those based solely on a status offense.

• Page 12, Line 11(3)  "Court" means a district court, juvenile court, or probate court that is presiding over a child custody proceeding.

• Page 12, Line 12(4)  "Custody" or "continued custody" means having legal

• Page 12, Line 13or physical custody, or both, of an Indian child pursuant to

• Page 12, Line 14applicable tribal law, tribal custom, or state law. An individual

• Page 12, Line 15has custody of an Indian child if the individual is the Indian

• Page 12, Line 16child's parent, if the individual has physical custody through an

• Page 12, Line 17arrangement with the Indian child's parent outside of the

• Page 12, Line 18involvement of a child welfare or child placement agency, or if

• Page 12, Line 19the individual has legal custody of the Indian child pursuant to

• Page 12, Line 20applicable tribal law, tribal custom, or state law. An Indian

• Page 12, Line 21child's parent, as determined pursuant to section 19-1.2-105, is

• Page 12, Line 22deemed to have custody or continued custody when the parent already has or had custody at any point in the past.

• Page 13, Line 1(5) (a)  "Domicile" means the place an individual regards as

• Page 13, Line 2home, where the individual intends to remain, or to which, if absent, the individual intends to return.

• Page 13, Line 3(b)  An Indian child's domicile, in order of priority, is the domicile of:

• Page 13, Line 4(I)  The Indian child's parents or, if the Indian child's

• Page 13, Line 5parents do not have the same domicile, the Indian child's parent who has physical custody of the Indian child;

• Page 13, Line 6(II)  The Indian child's Indian custodian; or

• (III)  The Indian child's guardian.

• Page 13, Line 7(6)  "Due diligence" means the earnest endeavor of the

• Page 13, Line 8court and the petitioning or filing party to investigate the basis

• Page 13, Line 9for a party's or other individual's assertion that a child may be an Indian child, as described in section 19-1.2-108.

• Page 13, Line 10(7)  "Emergency proceeding" means any court action that

• Page 13, Line 11involves the emergency removal or emergency placement of an

• Page 13, Line 12Indian child, including removal pursuant to section 19-1.2-110,

• Page 13, Line 1319-1.2-124, 19-3-405, 14-10-129 (4), or 15-14-204 (5) with or without

• Page 13, Line 14a protective custody order, or a temporary shelter care proceeding pursuant to section 19-3-401 or 19-3-403.

• Page 13, Line 15(8) (a)  "Extended family member" has the same meaning as

• Page 13, Line 16given in the tribal law or tribal custom of the Indian child's tribe.

• Page 13, Line 17(b)  If the meaning of "extended family member" cannot be

• Page 13, Line 18determined pursuant to subsection (8)(a) of this section,

• Page 13, Line 19"extended family member" means an individual who has attained

• Page 14, Line 1eighteen years of age and who is the Indian child's grandparent,

• Page 14, Line 2aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece,

• Page 14, Line 3nephew, first or second cousin, godparent, stepparent, or

• Page 14, Line 4stepgrandparent, or as determined by the Indian child's tribe

• Page 14, Line 5member. Even following termination of a marriage, a godparent,

• Page 14, Line 6stepparent, or stepgrandparent is considered an "extended family member".

• Page 14, Line 7(9)  "Indian" means an individual who is a member of an

• Page 14, Line 8Indian tribe or who is an Alaska Native and a member of a

• Page 14, Line 9regional corporation, as defined in the "Alaska Native Claims Settlement Act", 43 U.S.C. sec. 1606.

• Page 14, Line 10(10)  "Indian child" means an unmarried individual who has not attained eighteen years of age and:

• Page 14, Line 11(a)  Is a member or citizen of an Indian tribe; or

• Page 14, Line 12(b)  Is eligible for membership or citizenship in an Indian

• Page 14, Line 13tribe as determined by that Indian tribe in writing or orally on

• Page 14, Line 14the record and is the biological child of a member of an Indian tribe.

• Page 14, Line 15(11)  "Indian Child Welfare Act of 1978" or "ICWA" means

• Page 14, Line 16the federal law found at 25 U.S.C. sec. 1901 et seq. and its implementing regulations.

• Page 14, Line 17(12)  "Indian custodian" means an Indian, other than the

• Page 14, Line 18Indian child's parent, who has been granted legal custody or

• Page 14, Line 19guardianship of the Indian child pursuant to tribal law, tribal

• Page 14, Line 20custom, or state law, or to whom temporary physical care,

• Page 14, Line 21custody, and control has been transferred by the Indian child's

• Page 14, Line 22parent outside the involvement of a child welfare or child placement agency.

• Page 15, Line 1(13)  "Indian organization" means a group, association,

• Page 15, Line 2partnership, corporation, or other legal entity owned or controlled by Indians or with a majority of Indian members.

• Page 15, Line 3(14)  "Indian tribe" or "tribe" means an Indian tribe, clan,

• Page 15, Line 4band, nation, or other organized group or community of Indians

• Page 15, Line 5federally recognized as eligible for the services provided to

• Page 15, Line 6Indians by the United States secretary of the interior because

• Page 15, Line 7of their status as Indians, including any Alaska Native village

• Page 15, Line 8as defined in the federal "Alaska Native Claims Settlement Act", 43 U.S.C. sec. 1602 (c).

• Page 15, Line 9(15)  "Member" or "membership" means a determination by

• Page 15, Line 10an Indian tribe through its tribal law or tribal custom that an individual is a member or citizen of that Indian tribe.

• Page 15, Line 11(16)  "Parent" means:

• Page 15, Line 12(a)  A biological parent of an Indian child, except for an

• Page 15, Line 13unwed father whose parentage has not been acknowledged or

• Page 15, Line 14established pursuant to section 19-1.2-105, the "Uniform Parentage Act", article 4 of this title 19, or tribal law;

• Page 15, Line 15(b)  An individual who has lawfully adopted an Indian

• Page 15, Line 16child, including an adoption made pursuant to tribal law or tribal custom; or

• Page 15, Line 17(c)  A parent whose parentage has been acknowledged or

• Page 15, Line 18established pursuant to section 19-1.2-105, the "Uniform Parentage Act", article 4 of this title 19, or tribal law.

• Page 15, Line 19(17)  "Party" or "parties" means a party to a child custody

• Page 15, Line 20proceeding.

• Page 16, Line 1(18)  "Reason to know" means that a court or a petitioning

• Page 16, Line 2or filing party has reason to know that a child is an Indian child, as described in section 19-1.2-108.

• Page 16, Line 3(19)  "Reservation" means:

• Page 16, Line 4(a)  Indian country, as defined in 18 U.S.C. sec. 1151, and

• Page 16, Line 5any lands not covered pursuant to that section and title that

• Page 16, Line 6are held by the United States in trust for the benefit of an

• Page 16, Line 7Indian tribe or individual or held by an Indian tribe or individual

• Page 16, Line 8subject to a restriction by the United States against alienation; or

• Page 16, Line 9(b)  For the Southern Ute Indian reservation, those lands

• Page 16, Line 10include any lands confirmed pursuant to Pub.L. 98-290 and any

• Page 16, Line 11other land subsequently placed in trust by the United States for the Southern Ute Indian Tribe's benefit.

• Page 16, Line 12(20)  "Termination of parental rights" includes the

• Page 16, Line 13termination of parental rights pursuant to section 19-3-604 or

• Page 16, Line 14the termination of parental rights resulting from an adoption proceeding pursuant to section 19-5-101, 19-5-105.5, or 19-5-105.7.

• Page 16, Line 15(21)  "Tribal court" means a court with jurisdiction over

• Page 16, Line 16Indian child custody proceedings that is either a court of Indian

• Page 16, Line 17offenses, a court established and operated under the law or

• Page 16, Line 18custom of an Indian tribe, or any other administrative body of

• Page 16, Line 19a tribe that is vested with authority over Indian child custody proceedings.

• Page 16, Line 20(22)  "Tribal customary adoption" means the adoption of

• Page 16, Line 21an Indian child by and through tribal law or tribal custom of

• Page 16, Line 22the Indian child's tribe and that may be effected without the termination of parental rights.

• Page 17, Line 119-1.2-104.  Applicability - incorporation of federal law.

• Page 17, Line 2(1)  Unless explicitly stated otherwise in this article 1.2, all

• Page 17, Line 3provisions of this article 1.2 apply to all child custody

• Page 17, Line 4proceedings; any matter brought pursuant to the "Uniform

• Page 17, Line 5Dissolution of Marriage Act", article 10 of title 14; the

• Page 17, Line 6"Colorado Probate Code", articles 10 to 17 of title 15; all other

• Page 17, Line 7private matters that meet the definition of a child custody proceeding; and the "Colorado Children's Code", this title 19.

• Page 17, Line 8(2)  In a case filed pursuant to this article 1.2 that

• Page 17, Line 9constitutes a child custody proceeding, the court and each

• Page 17, Line 10party to the proceeding shall also comply with the federal

• Page 17, Line 11implementing regulations of the federal "Indian Child Welfare

• Page 17, Line 12Act of 1978" that outline the minimum federal standards

• Page 17, Line 13governing ICWA's implementation to ensure that ICWA is applied

• Page 17, Line 14in Colorado consistent with the ICWA's express language,

• Page 17, Line 15congress's intent in enacting ICWA, and to promote the stability and security of Indian children, tribes, and families.

• Page 17, Line 16(3)  All provisions of the federal "Indian Child Welfare

• Page 17, Line 17Act of 1978" are incorporated into this article 1.2, even if not

• Page 17, Line 18specifically referenced. This article 1.2 may provide additional

• Page 17, Line 19protections beyond those required by the federal ICWA, in which case the provisions of this article 1.2 apply.

• Page 17, Line 2019-1.2-105.  Parentage of an Indian child - acknowledged or

• Page 17, Line 21established - applicability of article. (1)  Parentage of an Indian

• Page 17, Line 22child is acknowledged or established for purposes of this

• Page 17, Line 23article 1.2 if the individual's parentage has been:

• (a)  Established pursuant to article 4 of this title 19;

• Page 18, Line 1(b)  Established pursuant to tribal law; or

• (c)  Recognized in accordance with tribal custom.

• Page 18, Line 2(2) (a)  For purposes of determining the biological parent

• Page 18, Line 3of an Indian child, a court may order genetic tests pursuant to section 19-4-112 or 13-25-126.

• Page 18, Line 4(b)  If an individual fails to comply with the court's order

• Page 18, Line 5for genetic tests within a reasonable amount of time, the court

• Page 18, Line 6may issue a subpoena pursuant to section 19-4-112 or issue an order to compel the individual to appear for genetic tests.

• Page 18, Line 7(c)  If the genetic tests ordered pursuant to this

• Page 18, Line 8subsection (2) do not confirm that an individual is the biological

• Page 18, Line 9parent of the child as provided in section 19-4-105 (1)(f), or if the

• Page 18, Line 10individual has refused to consent to the genetic tests, the individual is not established as the child's biological parent.

• Page 18, Line 11(3)  This article 1.2 applies in its entirety if an individual is determined to be a parent of an Indian child.

• Page 18, Line 1219-1.2-106.  Best interests of an Indian child - factors to

• Page 18, Line 13consider. (1)  In a child custody proceeding involving an Indian

• Page 18, Line 14child, when making a determination regarding the best interests

• Page 18, Line 15of the Indian child, the court shall, in consultation with the

• Page 18, Line 16Indian child's tribe and tribal community, consider the following:

• Page 18, Line 17(a)  The Indian child's mental, physical, and emotional needs, including the Indian child's preferences;

• Page 18, Line 18(b)  The prevention of unnecessary out-of-home placement

• Page 18, Line 19of the Indian child;

• Page 19, Line 1(c)  The prioritization of placement of the Indian child in

• Page 19, Line 2accordance with the placement preferences set forth in section 19-1.2-120;

• Page 19, Line 3(d)  The value to the Indian child of establishing,

• Page 19, Line 4developing, or maintaining a political, cultural, social, and

• Page 19, Line 5spiritual relationship with the Indian child's tribe and tribal community; and

• Page 19, Line 6(e)  The importance to the Indian child of the Indian tribe's

• Page 19, Line 7or tribal community's ability to maintain the tribe's or tribal

• Page 19, Line 8community's existence and integrity for the stability and security of Indian children and families.

• Page 19, Line 919-1.2-107.  Enrollment of an Indian child with a tribe.

• Page 19, Line 10(1)  Unless an Indian child's parent objects, the petitioning or

• Page 19, Line 11filing party or the Indian tribe shall assist in enrolling an

• Page 19, Line 12Indian child who is in the court's jurisdiction in a tribe with

• Page 19, Line 13which the child is eligible for enrollment. If the Indian child is

• Page 19, Line 14eligible to be enrolled in more than one tribe, the court shall determine membership pursuant to section 19-1.2-108.

• Page 19, Line 15(2)   In accordance with subsection (1) of this section, when

• Page 19, Line 16the petitioning or filing party, including a county department or

• Page 19, Line 17a child placement agency, has reason to know that the child is

• Page 19, Line 18an Indian child, the petitioning or filing party shall, at a

• Page 19, Line 19minimum, contact in writing or orally on the record the

• Page 19, Line 20relevant tribe or tribes with which the child may be eligible for

• Page 19, Line 21enrollment to determine if the child is in fact eligible for

• Page 19, Line 22enrollment. The notification to the relevant tribe or tribes may

• Page 19, Line 23be done in conjunction with the notice requirements set forth in section 19-1.2-108 (1)(b).

• Page 20, Line 1(3)  In a child custody proceeding, when the petitioning or

• Page 20, Line 2filing party has reason to know that the child is an Indian child

• Page 20, Line 3and that the Indian child is eligible for enrollment in a tribe,

• Page 20, Line 4such as if a parent claims tribal affiliation, the petitioning or

• Page 20, Line 5filing party shall notify the Indian child and the Indian child's

• Page 20, Line 6parent of the parent's right to object to the petitioning or filing party's assistance pursuant to subsection (1) of this section.

• Page 20, Line 719-1.2-108.  Initial disclosures - inquiry and determination -

• Page 20, Line 8form of inquiry - due diligence - Indian child's tribe - written

• Page 20, Line 9findings. (1)  Initial disclosures.The petitioning or filing party

• Page 20, Line 10shall disclose in the complaint, petition, or other commencing

• Page 20, Line 11pleading filed with the court that the child who is the subject of

• Page 20, Line 12the child custody proceeding is an Indian child and the identity

• Page 20, Line 13of the Indian child's tribe or tribes, or efforts the petitioning or

• Page 20, Line 14filing party has made in determining whether the child is an Indian child, including, but not limited to:

• Page 20, Line 15(a)  If the petitioning or filing party indicates in the

• Page 20, Line 16complaint, petition, or other commencing pleading that the child

• Page 20, Line 17who is the subject of the child custody proceeding is an Indian

• Page 20, Line 18child, the petitioning or filing party shall further identify what

• Page 20, Line 19reasonable efforts have been made to send notice to the individuals identified in subsection (3)(d) of this section;

• Page 20, Line 20(b)  The postal receipts or copies of postal receipts from

• Page 20, Line 21the notice sent pursuant to subsection (3)(d) of this section

• Page 20, Line 22indicating that the notice was properly sent by the petitioning

• Page 20, Line 23or filing party to the Indian child's parent or Indian custodian

• Page 21, Line 1and to the Indian child's tribe or tribes. The postal receipts must

• Page 21, Line 2be attached to the complaint, petition, or other commencing

• Page 21, Line 3pleading filed with the court; except that, if notification has

• Page 21, Line 4not been perfected at the time the initial complaint, petition, or

• Page 21, Line 5other commencing pleading is filed with the court, or if the

• Page 21, Line 6postal receipts have not been received back from the post office,

• Page 21, Line 7the petitioning or filing party shall file the postal receipts with the court upon receipt of the postal receipts.

• Page 21, Line 8(c)  Any responses sent by a tribal agent to the petitioning

• Page 21, Line 9or filing party, a county department, or the court, which

• Page 21, Line 10responses must be distributed to the parties and filed with the court.

• Page 21, Line 11(2)  Indian child inquiry and determination.At the

• Page 21, Line 12commencement of each child custody proceeding, the court

• Page 21, Line 13shall make inquiries to determine whether the child who is the

• Page 21, Line 14subject of the proceeding is an Indian child. In determining whether the child is an Indian child:

• Page 21, Line 15(a)  The court shall ask each participant in an emergency,

• Page 21, Line 16voluntary, or involuntary child custody proceeding whether

• Page 21, Line 17the participant knows or has reason to know that the child is an

• Page 21, Line 18Indian child or whether the participant has information that is

• Page 21, Line 19relevant to determining whether the child is an Indian child.

• Page 21, Line 20Any response to the inquiry must be made on the record. The

• Page 21, Line 21court shall instruct the participants to inform the court if a

• Page 21, Line 22participant subsequently receives information that provides reason to know the child is an Indian child.

• Page 21, Line 23(b)  No later than the first appearance after an expedited

• Page 22, Line 1hearing held pursuant to section 19-3-217 or 19-3-403, each party

• Page 22, Line 2to the child custody proceeding shall disclose to the court and

• Page 22, Line 3the petitioning and filing parties information indicating that the

• Page 22, Line 4child is an Indian child, including, but not limited to, providing

• Page 22, Line 5an identification card indicating the child's membership in a

• Page 22, Line 6tribe. The court shall order the parties to provide information

• Page 22, Line 7learned thereafter to the court and all parties no later than

• Page 22, Line 8seven days after receiving the relevant information or prior to the next hearing on the matter, whichever occurs first.

• Page 22, Line 9(3) Form of inquiry. (a)  At the commencement of the child

• Page 22, Line 10custody proceeding, the petitioning or filing party shall make a

• Page 22, Line 11record, either in writing or orally in open court on the record,

• Page 22, Line 12of the party's good faith efforts to determine whether the child

• Page 22, Line 13is an Indian child, including, at a minimum, inquiries made by consulting with:

• Page 22, Line 14(I)  The child, directly or through the child's representative;

• Page 22, Line 15(II)  The child's parent or parents;

• Page 22, Line 16(III)  An individual having custody of the child or with whom the child resides;

• Page 22, Line 17(IV)  The child's extended family members;

• Page 22, Line 18(V)  Any other individual who may reasonably be expected

• Page 22, Line 19to have information regarding the child's membership or eligibility for membership in an Indian tribe; and

• Page 22, Line 20(VI)  An Indian tribe when information from inquiries made

• Page 22, Line 21pursuant to subsections (3)(a)(I) to (3)(a)(V) of this section

• Page 22, Line 22indicate that there is a reasonable likelihood that the Indian

• Page 23, Line 1tribe may provide additional information regarding whether the

• Page 23, Line 2child is a member of that tribe or whether the child may be eligible for membership in that tribe.

• Page 23, Line 3(b)  The court, upon reviewing the record of inquiries made

• Page 23, Line 4pursuant to subsection (3)(a) of this section, has reason to know that a child is an Indian child if:

• Page 23, Line 5(I)  A participant in the child custody proceeding, an

• Page 23, Line 6officer of the court involved in the child custody proceeding, an

• Page 23, Line 7Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child;

• Page 23, Line 8(II)  A participant in the child custody proceeding, an

• Page 23, Line 9officer of the court involved in the child custody proceeding, an

• Page 23, Line 10Indian tribe, an Indian organization, or an agency informs the

• Page 23, Line 11court that it has discovered information indicating that the child is an Indian child;

• Page 23, Line 12(III)  The child who is the subject of the child custody

• Page 23, Line 13proceeding gives the court reason to know that the child is an Indian child;

• Page 23, Line 14(IV)  The court is informed that the domicile or residence

• Page 23, Line 15of the child, the child's parent, or the child's Indian custodian is

• Page 23, Line 16or was on a reservation of a federally recognized Indian tribe or in an Alaska Native village;

• Page 23, Line 17(V)  The court is informed that the child is or has been a ward of a tribal court, as defined in 25 U.S.C. sec. 1903;

• Page 23, Line 18(VI)  The court is informed that the child or the child's

• Page 23, Line 19parent possesses an identification card or other sufficient

• Page 23, Line 20documentation indicating membership in an Indian tribe;

• Page 24, Line 1(VII)  The court is informed that the parent or child

• Page 24, Line 2received health services from an Indian health service or tribal health facility;

• Page 24, Line 3(VIII)  The court or the petitioning or filing party receives

• Page 24, Line 4any other reasonably credible information, regardless of

• Page 24, Line 5admissibility, that a parent or the child has an identifiable

• Page 24, Line 6connection with a specific federally recognized tribe or tribes beyond a generalized assertion of heritage;

• Page 24, Line 7(IX)  The court is informed that there are school records

• Page 24, Line 8indicating that the child is an enrolled member of an Indian tribe; or

• Page 24, Line 9(X)  After performing due diligence pursuant to subsection

• Page 24, Line 10(4) of this section, information is presented to the court that

• Page 24, Line 11subsections (3)(b)(I) to (3)(b)(IX) of this section apply or that the child is an Indian child.

• Page 24, Line 12(c)  The court shall make specific findings, either in writing

• Page 24, Line 13or orally on the record, regarding its reason to know that the child is an Indian child.

• Page 24, Line 14(d)  If the court knows, or has reason to know as described

• Page 24, Line 15in subsection (3)(b) of this section, that the child who is the

• Page 24, Line 16subject of the child custody proceeding is an Indian child, the

• Page 24, Line 17petitioning or filing party shall send notice by registered or

• Page 24, Line 18certified mail, return receipt requested, to the parent of the

• Page 24, Line 19child, the child's Indian custodian, and the tribal agent of the

• Page 24, Line 20Indian child's tribe or tribes, or, if there is not a designated

• Page 24, Line 21tribal agent, the petitioning or filing party shall contact the

• Page 24, Line 22Indian tribe for direction to the appropriate office or individual.

• Page 25, Line 1In providing the notice, the court and each party shall comply with the federal ICWA and this article 1.2.

• Page 25, Line 2(4) (a)  Due diligence.If the court receives information that

• Page 25, Line 3the child may have Indian heritage but the court lacks

• Page 25, Line 4sufficient information to determine that there is reason to know

• Page 25, Line 5that the child is an Indian child pursuant to subsection (3) of

• Page 25, Line 6this section, the court shall direct the petitioning or filing

• Page 25, Line 7party to exercise due diligence in gathering additional

• Page 25, Line 8information pursuant to subsection (4)(b) of this section, ensure

• Page 25, Line 9that the due diligence requirements are followed, and ensure

• Page 25, Line 10that all information known to the parties is disclosed in writing

• Page 25, Line 11or orally on the record. The court shall direct the petitioning

• Page 25, Line 12or filing party to make a record, either in writing or orally on

• Page 25, Line 13the record, of the due diligence efforts taken to determine

• Page 25, Line 14whether there is reason to know that the child is an Indian child.

• Page 25, Line 15(b)  In performing due diligence, the petitioning or filing party shall, at a minimum:

• Page 25, Line 16(I)  Ask each party, including the child directly or

• Page 25, Line 17through the child's representative, what information the party has regarding the child's Indian heritage, if any;

• Page 25, Line 18(II)  Ask or earnestly attempt to ask each parent what

• Page 25, Line 19information the parent has regarding the child's Indian

• Page 25, Line 20heritage, if any; where and how the parent received the

• Page 25, Line 21information; and what, if any, other information sources the

• Page 25, Line 22parent believes may have additional information regarding the

• Page 25, Line 23child's Indian heritage, if any, including other relatives and their contact information, if known or reasonably obtained;

• Page 26, Line 1(III)  Conduct searches for family and document-identified

• Page 26, Line 2family relatives or kin who may have information regarding the child's Indian heritage, if any;

• Page 26, Line 3(IV)  Ask or attempt to ask identified family relatives or

• Page 26, Line 4kin for information the relatives or kin have regarding the

• Page 26, Line 5child's Indian heritage, if any, and where and how the relatives or kin received that information;

• Page 26, Line 6(V)  Review court and agency records identified by the

• Page 26, Line 7parents and provided to the petitioner or filing party, or to

• Page 26, Line 8which the petitioner or filing party has previously been granted

• Page 26, Line 9access through the state automated child welfare system or

• Page 26, Line 10the ICON system at the state judicial department, for all child

• Page 26, Line 11custody proceedings related to the child and parents for information regarding the child's Indian heritage, if any;

• Page 26, Line 12(VI)  Contact the tribal representative or representatives

• Page 26, Line 13by email, phone call, letter, or any other means agreed to by the

• Page 26, Line 14parties regarding whether the child may be eligible for tribal

• Page 26, Line 15membership when informed that a parent, child, or specific

• Page 26, Line 16extended family member has a potential connection with a federally recognized tribe or tribes; and

• Page 26, Line 17(VII)  If a known connection has not been identified

• Page 26, Line 18pursuant to this subsection (4)(b) but the court or petitioning or

• Page 26, Line 19filing party receives a reasonably credible assertion of the

• Page 26, Line 20child's Indian heritage without identification of a specific tribe

• Page 26, Line 21or tribes but narrowed to a region of the United States, ask all

• Page 26, Line 22relevant tribes in that identified region or the relevant bureau

• Page 27, Line 1of Indian affairs office if the relevant tribes or bureau have

• Page 27, Line 2information relevant to the determination that the child is an Indian child.

• Page 27, Line 3(5) (a)  Indian child's tribe.If the child is an Indian child, the Indian child's tribe is:

• Page 27, Line 4(I)  The tribe of which the Indian child is a member or

• Page 27, Line 5eligible for membership if the Indian child is a member of or is eligible for membership in only one tribe;

• Page 27, Line 6(II)  The tribe of which the Indian child is a member if the

• Page 27, Line 7Indian child is a member of one tribe but is eligible for membership in one or more other tribes; or

• Page 27, Line 8(III)  If the Indian child is a member of more than one tribe

• Page 27, Line 9or if the Indian child is not a member of any tribe but is eligible for membership in more than one tribe:

• Page 27, Line 10(A)  The tribe designated by an agreement between the

• Page 27, Line 11tribes of which the Indian child is a member or in which the Indian child is eligible for membership; or

• Page 27, Line 12(B)  If the tribes are unable to agree on the designation of the Indian child's tribe, the tribe designated by the court.

• Page 27, Line 13(b)  When designating an Indian child's tribe pursuant to

• Page 27, Line 14subsection (5)(a)(III)(A) of this section, the court shall, after a

• Page 27, Line 15hearing, designate the tribe with which the Indian child has the more significant contacts, taking into consideration:

• Page 27, Line 16(I)  The preference of the Indian child's parent;

• Page 27, Line 17(II)  The duration of the Indian child's residency at their

• Page 27, Line 18current or prior domicile or residence on or near the

• Page 27, Line 19reservation of each tribe;

• Page 28, Line 1(III)  The tribal membership of the Indian child's parent or Indian custodian;

• Page 28, Line 2(IV)  The interests asserted by each tribe;

• Page 28, Line 3(V)  Whether a tribe has previously adjudicated a case involving the Indian child; and

• Page 28, Line 4(VI)  The self-identification of the Indian child if the court

• Page 28, Line 5determines that the Indian child is of sufficient age and capacity to meaningfully self-identify.

• Page 28, Line 6(6)  Written findings.The court shall make written findings determining whether the petitioning or filing party:

• Page 28, Line 7(a)  Satisfied its inquiry and due diligence requirements

• Page 28, Line 8concerning whether the child is an Indian child or whether there is reason to know that the child is an Indian child;

• Page 28, Line 9(b)  Verified whether the child is in fact a member of a

• Page 28, Line 10tribe, or a biological parent of the child is a member of a tribe, and the child is eligible for membership;

• Page 28, Line 11(c)  Documented all contact with:

• Page 28, Line 12(I)  The respective tribe or tribes. This contact must

• Page 28, Line 13include at least two contacts or good faith attempts to

• Page 28, Line 14contact the tribe or tribes within seventy days after the

• Page 28, Line 15finding, unless the tribe or tribes provided written

• Page 28, Line 16documentation indicating membership, eligibility, or ineligibility of the child.

• Page 28, Line 17(II)  The bureau of Indian affairs to seek assistance with

• Page 28, Line 18contacting the tribe or tribes, if good faith attempts to contact the tribe or tribes have been unsuccessful; and

• Page 28, Line 19(d)  Treated the child as an Indian child, unless and until

• Page 29, Line 1it is determined on the record that the child does not meet the definition of an Indian child.

• Page 29, Line 219-1.2-109.  Formal notice - language, accessibility, and content

• Page 29, Line 3requirements. (1)  Notices required by this article 1.2 must be

• Page 29, Line 4provided in clear, accessible, and understandable language and include the following information:

• Page 29, Line 5(a)  The Indian child's name, date of birth, and place of birth;

• Page 29, Line 6(b)  To the extent known, all names, including maiden,

• Page 29, Line 7married, and former names or aliases of the Indian child's

• Page 29, Line 8parents, the parents' birthplaces, and the parents' tribal enrollment information;

• Page 29, Line 9(c)  To the extent known, the names, dates of birth, places

• Page 29, Line 10of birth, and tribal enrollment information of other direct lineal ancestors of the Indian child;

• Page 29, Line 11(d)  The name of each Indian tribe of which the Indian child

• Page 29, Line 12is a member or in which the Indian child may be eligible for membership;

• Page 29, Line 13(e)  To the extent known, information regarding the Indian

• Page 29, Line 14child's direct lineal ancestors, an ancestral chart for each

• Page 29, Line 15biological parent, and the Indian child's tribal affiliation and blood quantum;

• Page 29, Line 16(f)  A copy of the petition or motion initiating the

• Page 29, Line 17proceeding and, if a hearing has been scheduled, information on the date, time, and location of the hearing;

• Page 29, Line 18(g)  The name of the petitioning or filing party and the

• Page 29, Line 19name and address of the party's attorney;

• Page 30, Line 1(h)  A statement that the Indian child's parent or Indian

• Page 30, Line 2custodian has the right to participate in the proceeding pursuant to section 19-1.2-113;

• Page 30, Line 3(i)  A statement that the Indian child's tribe has the right

• Page 30, Line 4to intervene or participate in the proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113;

• Page 30, Line 5(j)  A statement that if the court determines that the

• Page 30, Line 6Indian child's parent or Indian custodian is unable to afford

• Page 30, Line 7counsel, the parent or Indian custodian has the right to court-appointed counsel;

• Page 30, Line 8(k)  A statement that the Indian child's parent, Indian

• Page 30, Line 9custodian, or tribe has the right, upon request, to up to twenty additional days to prepare for the proceeding;

• Page 30, Line 10(l)  A statement that the Indian child's parent, Indian

• Page 30, Line 11custodian, or tribe has the right to petition the court to transfer the child custody proceeding to the tribal court;

• Page 30, Line 12(m)  A statement describing the potential legal

• Page 30, Line 13consequences of the proceeding on future parental and custodial rights of the Indian child's parent or Indian custodian;

• Page 30, Line 14(n)  The mailing address and telephone numbers of the

• Page 30, Line 15court and contact information for all parties to the proceeding and the individuals notified pursuant to this section; and

• Page 30, Line 16(o)  A statement that the information contained in the

• Page 30, Line 17notice is confidential and must not be shared with any individual

• Page 30, Line 18who does not need the information to exercise rights pursuant to this article 1.2.

• Page 30, Line 19(2)  If the Indian child's parent or Indian custodian has

• Page 31, Line 1limited English proficiency and may not understand the

• Page 31, Line 2contents of the notice provided pursuant to this section, the

• Page 31, Line 3court shall provide language access services as required by

• Page 31, Line 4Title VI of the federal "Civil Rights Act of 1964", 42 U.S.C. sec.

• Page 31, Line 52000e et seq., and other applicable federal and state laws. If the

• Page 31, Line 6court is unable to secure translation or interpretation support,

• Page 31, Line 7the court shall contact or direct a party to contact the Indian

• Page 31, Line 8child's tribe or the local office of the federal bureau of Indian

• Page 31, Line 9affairs for assistance identifying a qualified translator or interpreter.

• Page 31, Line 10(3) (a)  A hearing that requires notice pursuant to this

• Page 31, Line 11section must not be held until at least ten days after the latest

• Page 31, Line 12receipt of the notice by the Indian child's parent, Indian

• Page 31, Line 13custodian, tribe, or, if applicable, the federal bureau of Indian

• Page 31, Line 14affairs. Upon request, the court shall grant the Indian child's

• Page 31, Line 15parent, Indian custodian, or tribe up to twenty-one additional

• Page 31, Line 16days after the date upon which notice was received by the Indian

• Page 31, Line 17child's parent, Indian custodian, or tribe to prepare for participation in the hearing.

• Page 31, Line 18(b)  This subsection (3) does not prevent a court, during an

• Page 31, Line 19emergency proceeding before the expiration of the waiting

• Page 31, Line 20period described in subsection (3)(a) of this section, from

• Page 31, Line 21reviewing the removal of an Indian child from the Indian child's

• Page 31, Line 22parent or Indian custodian to determine whether the removal or

• Page 31, Line 23placement is no longer necessary to prevent imminent physical harm or danger to the Indian child.

• Page 31, Line 2419-1.2-110.  Emergency proceeding - emergency removal -

• Page 32, Line 1termination of emergency - duration. (1)  If an individual or agency

• Page 32, Line 2takes a child into protective custody, the individual or agency

• Page 32, Line 3shall, at the commencement of the emergency proceeding, make a good faith effort to:

• Page 32, Line 4(a)  Determine whether the individual or agency has

• Page 32, Line 5reason to know that the child is an Indian child pursuant to section 19-1.2-108 (3); and

• Page 32, Line 6(b)  Contact by telephone, email, facsimile, or other means

• Page 32, Line 7of immediate communication any tribe of which the child is or

• Page 32, Line 8may be a member or eligible for membership to determine the

• Page 32, Line 9child's tribal affiliation. Notification must include the basis for

• Page 32, Line 10the child's removal; the time, date, and place of the initial

• Page 32, Line 11hearing; and a statement that the tribe has the right to

• Page 32, Line 12participate in the proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113.

• Page 32, Line 13(2)  An emergency removal or placement of an Indian child

• Page 32, Line 14pursuant to this section terminates immediately when the

• Page 32, Line 15removal or placement is no longer necessary to prevent

• Page 32, Line 16imminent physical harm or danger to the Indian child. In such a removal or placement, the court shall:

• Page 32, Line 17(a)  Make a finding on the record that the emergency

• Page 32, Line 18removal or placement is necessary to prevent imminent physical harm or danger to the Indian child;

• Page 32, Line 19(b)  Promptly hold a hearing on whether the emergency

• Page 32, Line 20removal or placement continues to be necessary when new information indicates that the emergency situation has ended;

• Page 32, Line 21(c)  At any court hearing during the emergency

• Page 33, Line 1proceeding, determine whether the emergency removal or

• Page 33, Line 2placement is no longer necessary to prevent imminent physical harm or danger to the Indian child; and

• Page 33, Line 3(d)  Immediately terminate, or ensure that the individual

• Page 33, Line 4or agency that took the child into protective custody

• Page 33, Line 5immediately terminates, the emergency proceeding once the

• Page 33, Line 6court or agency possesses sufficient evidence to determine that

• Page 33, Line 7the emergency removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child.

• Page 33, Line 8(3)  A petition for a court order authorizing the

• Page 33, Line 9emergency removal or continued emergency placement of an

• Page 33, Line 10Indian child, and its accompanying documents, must contain a

• Page 33, Line 11statement of the risk of imminent physical harm or danger to the

• Page 33, Line 12Indian child and any evidence that the emergency removal or

• Page 33, Line 13placement continues to be necessary to prevent the imminent

• Page 33, Line 14physical harm or danger to the Indian child. The petition, and its

• Page 33, Line 15accompanying documents, must also contain the following information:

• Page 33, Line 16(a)  The name, age, and last-known address of the Indian child;

• Page 33, Line 17(b)  The name and last-known address of the Indian child's parents or Indian custodian, if any;

• Page 33, Line 18(c)  The steps taken to provide notice to the Indian child's parents, custodian, and tribe about the emergency proceeding;

• Page 33, Line 19(d)  If the Indian child's parents or Indian custodian is

• Page 33, Line 20unknown, a detailed explanation of what efforts have been

• Page 33, Line 21made to locate and contact them, including contact with the appropriate federal bureau of Indian affairs regional director;

• Page 34, Line 1(e)  The residence and domicile of the Indian child;

• Page 34, Line 2(f)  If either the residence or domicile of the Indian child

• Page 34, Line 3is believed to be on a reservation or in an Alaska Native village,

• Page 34, Line 4the name of the tribe affiliated with that reservation or village;

• Page 34, Line 5(g)  The tribal affiliation of the Indian child and the child's parents or Indian custodian;

• Page 34, Line 6(h)  A specific and detailed account of the circumstances

• Page 34, Line 7that led the individual or agency responsible for the emergency removal of the Indian child to take that action;

• Page 34, Line 8(i)  If the Indian child is believed to reside or be domiciled

• Page 34, Line 9on a reservation where the tribe exercises exclusive jurisdiction

• Page 34, Line 10over child custody matters, a statement of efforts made to

• Page 34, Line 11contact the tribe and transfer the Indian child to the tribe's jurisdiction; and

• Page 34, Line 12(j)  A statement of the efforts that have been taken to

• Page 34, Line 13assist the Indian child's parents or Indian custodian so that the

• Page 34, Line 14Indian child may be safely returned to the custody of the parents or Indian custodian.

• Page 34, Line 15(4)  An emergency proceeding regarding an Indian child

• Page 34, Line 16must not be continued for more than thirty days, unless the

• Page 34, Line 17court determines that restoring the Indian child to the parent

• Page 34, Line 18or Indian custodian would subject the Indian child to imminent physical harm or danger, and:

• Page 34, Line 19(a)  The court has approved a motion to transfer the case

• Page 34, Line 20to a tribal court but has not been able to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; or

• Page 35, Line 1(b)  It has not been possible to initiate a child custody proceeding.

• Page 35, Line 219-1.2-111.  Active efforts - when required - characteristics.

• Page 35, Line 3(1)  If there is reason to know that a child who is the subject of

• Page 35, Line 4a child custody proceeding is an Indian child, active efforts are

• Page 35, Line 5required and the court shall make an initial determination

• Page 35, Line 6whether active efforts have been made to prevent removal of

• Page 35, Line 7the Indian child from the family. If the Indian child has been

• Page 35, Line 8removed from the family, the court shall determine whether active efforts have been made to reunite the family.

• Page 35, Line 9(2)  Active efforts require a higher standard of conduct than reasonable efforts.

• Page 35, Line 10(3)  Active efforts must:

• Page 35, Line 11(a)  Be documented in detail in writing or orally on the record;

• Page 35, Line 12(b)  If the Indian child is alleged to be within the

• Page 35, Line 13jurisdiction of the court pursuant to section 19-1.2-116, include

• Page 35, Line 14actively assisting the Indian child's parent or parents or Indian

• Page 35, Line 15custodian through the steps of a case plan and accessing or developing the resources necessary to satisfy the case plan;

• Page 35, Line 16(c)  Include providing assistance in a manner consistent

• Page 35, Line 17with the prevailing social and cultural standards and way of life of the Indian child's tribe;

• Page 35, Line 18(d)  Be conducted in partnership with the Indian child and

• Page 35, Line 19the Indian child's parents, extended family members, Indian

• Page 35, Line 20custodian, and tribe; and

• (e)  Be tailored to the facts and circumstances of the case.

• Page 36, Line 1(4)  Active efforts may include, as applicable, the following:

• Page 36, Line 2(a)  Conducting a comprehensive assessment of the

• Page 36, Line 3circumstances of the Indian child's family, with a focus on reunification as the primary and most desirable goal;

• Page 36, Line 4(b)  Identifying appropriate services and helping the Indian

• Page 36, Line 5child's parents overcome barriers to reunification, including

• Page 36, Line 6actively assisting the Indian child's parents with obtaining the identified services;

• Page 36, Line 7(c)  Identifying, notifying, and inviting representatives of

• Page 36, Line 8the Indian child's tribe to participate in providing support and

• Page 36, Line 9services to the Indian child's family and in family team meetings,

• Page 36, Line 10permanency planning, resolution of placement issues, reviews, or other case-management-related meetings;

• Page 36, Line 11(d)  Conducting or causing to be conducted a diligent

• Page 36, Line 12search for the Indian child's extended family members and

• Page 36, Line 13contacting and consulting with the Indian child's extended

• Page 36, Line 14family members and adult relatives to provide family structure and support for the Indian child and the Indian child's parents;

• Page 36, Line 15(e)  Offering and employing culturally appropriate family

• Page 36, Line 16preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe;

• Page 36, Line 17(f)  Taking steps to keep the Indian child and the Indian child's siblings together, whenever possible;

• Page 36, Line 18(g)  Supporting regular family time with the Indian child's

• Page 36, Line 19parents or Indian custodian in the most natural setting possible,

• Page 37, Line 1as well as trial home visits during a period of removal,

• Page 37, Line 2consistent with the need to ensure the health, safety, and welfare of the Indian child;

• Page 37, Line 3(h)  Identifying and making appropriate referrals to

• Page 37, Line 4community resources, including housing, financial assistance,

• Page 37, Line 5employment training, transportation, mental health care,

• Page 37, Line 6health care, substance abuse prevention and treatment,

• Page 37, Line 7parenting training, transportation, peer support services

• Page 37, Line 8necessary to maintain the child in the home or to rehabilitate

• Page 37, Line 9the family so that the child can safely return home, and

• Page 37, Line 10actively assisting the Indian child's parents or, when

• Page 37, Line 11appropriate, the Indian child's family, in utilizing and accessing such resources;

• Page 37, Line 12(i)  Monitoring progress and participation of the Indian

• Page 37, Line 13child's parents, Indian custodian, or extended family members in

• Page 37, Line 14the services described in subsections (4)(b), (4)(c), (4)(e), and (4)(h) of this section;

• Page 37, Line 15(j)  Considering alternative ways to address the needs of

• Page 37, Line 16the Indian child's parents, Indian custodian, and, when

• Page 37, Line 17appropriate, the Indian child's family if the services described in

• Page 37, Line 18this section are unavailable or the optimum services do not exist or are not available;

• Page 37, Line 19(k)  Providing post-reunification services and monitoring while the Indian child remains in the court's jurisdiction;

• Page 37, Line 20(l)  Contacting the Indian child's tribe to determine what, if any, tribal resources are available; and

• Page 37, Line 21(m)  Any other efforts that are appropriate to the Indian child's circumstances.

• Page 38, Line 1(5)  In a child custody proceeding brought pursuant to

• Page 38, Line 2article 3 of this title 19, if the court finds that a county

• Page 38, Line 3department did not provide active efforts to make it possible for

• Page 38, Line 4the Indian child to safely return home, at a permanency hearing

• Page 38, Line 5the court shall not change the permanency plan to something other than to reunite the family.

• Page 38, Line 6(6)  Unless stipulated by the parties and not objected to by

• Page 38, Line 7the Indian child's tribe, in any proceeding brought pursuant to

• Page 38, Line 8article 3 of this title 19, if the court finds that a county

• Page 38, Line 9department did not provide active efforts to make it possible for

• Page 38, Line 10the Indian child to safely return home, the court shall not set

• Page 38, Line 11a date for a permanent orders hearing, including, but not

• Page 38, Line 12limited to, guardianship, allocation of parental responsibilities,

• Page 38, Line 13or termination of parental rights, until the county department

• Page 38, Line 14provides active efforts for the number of days that active efforts were not previously provided.

• Page 38, Line 1519-1.2-112.  Right to counsel - appointment of counsel - access

• Page 38, Line 16to records. (1)  If there is reason to know that a child who is the subject of a child custody proceeding is an Indian child:

• Page 38, Line 17(a)  The court shall appoint counsel to represent the Indian child in accordance with applicable law; and

• Page 38, Line 18(b)  The court shall appoint counsel to represent the

• Page 38, Line 19Indian child's parent or Indian custodian pursuant to section

• Page 38, Line 2019-3-202 if the parent or Indian custodian is a respondent in a

• Page 38, Line 21dependency and neglect action brought pursuant to article 3 of

• Page 38, Line 22this title 19. In any removal, placement, or termination of

• Page 39, Line 1parental rights proceeding, outside of a dependency and neglect

• Page 39, Line 2proceeding, in which the court determines that an Indian child's

• Page 39, Line 3parent or Indian custodian is indigent, the court shall appoint

• Page 39, Line 4counsel to the Indian child's parent or Indian custodian through the office of the state court administrator.

• Page 39, Line 519-1.2-113.  Right to intervene and appear.

• Page 39, Line 6(1)  Notwithstanding this article 1.2 to the contrary, a tribe, or

• Page 39, Line 7Indian custodian who is not otherwise a party to a child custody

• Page 39, Line 8proceeding brought pursuant to this article 1.2, has the right to

• Page 39, Line 9intervene at any point in a child custody proceeding and a tribe

• Page 39, Line 10may be represented by any authorized individual, regardless of whether the individual is licensed to practice law.

• Page 39, Line 11(2)  An attorney who is not barred from practicing law in

• Page 39, Line 12Colorado may appear in any child custody proceeding involving

• Page 39, Line 13an Indian child without associating with local counsel or

• Page 39, Line 14without paying a fee to appear pro hac vice if the attorney establishes to the satisfaction of the Colorado state bar that:

• Page 39, Line 15(a)  The attorney will appear in a court in Colorado for

• Page 39, Line 16the limited purpose of participating in a child custody proceeding pursuant to this article 1.2;

• Page 39, Line 17(b)  The attorney represents an Indian child's parent, Indian custodian, or tribe; and

• Page 39, Line 18(c)  The Indian child's tribe has affirmed the Indian child's membership or eligibility for membership pursuant to tribal law.

• Page 39, Line 19(3)  Notwithstanding this article 1.2 to the contrary,

• Page 39, Line 20pursuant to subsection (1) of this section, an Indian custodian or

• Page 39, Line 21tribe may notify the court, in writing or orally on the record,

• Page 40, Line 1that the Indian custodian or tribe withdraws as a party to the proceeding.

• Page 40, Line 219-1.2-114.  Right to examine documents - compliance

• Page 40, Line 3regarding an Indian child. (1)  If there is reason to know that a

• Page 40, Line 4child who is the subject of a child custody proceeding is an

• Page 40, Line 5Indian child, each party has the right to timely examine all

• Page 40, Line 6reports or other documents as outlined in the applicable rules of discovery unless precluded pursuant to state or federal law.

• Page 40, Line 7(2)  Regardless of whether a tribe is a party in any child

• Page 40, Line 8custody proceeding involving an Indian child, the Indian child's

• Page 40, Line 9tribe must have access to all reports or other documents

• Page 40, Line 10regarding the Indian child. Any reports or other documents

• Page 40, Line 11regarding the Indian child must be provided, upon request, to the tribe free of cost.

• Page 40, Line 1219-1.2-115.  Qualified expert witnesses. (1)  In a child custody

• Page 40, Line 13proceeding that requires the testimony of a qualified expert

• Page 40, Line 14witness, the petitioning or filing party shall seek a qualified

• Page 40, Line 15expert witness from the Indian child's tribe and may, when

• Page 40, Line 16appropriate, contact the federal bureau of Indian affairs and

• Page 40, Line 17request that the tribe or bureau identify one or more

• Page 40, Line 18individuals who meet the criteria described in subsection (3) or

• Page 40, Line 19(4) of this section and make a record of that contact either in writing or orally on the record.

• Page 40, Line 20(2)  At a hearing pursuant to section 19-1.2-123 or

• Page 40, Line 2119-1.2-125, if the court has found that there is reason to know

• Page 40, Line 22that a child is an Indian child, at least one expert witness must

• Page 40, Line 23be qualified to testify regarding:

• Page 41, Line 1(a)  Whether the continued custody of the Indian child by

• Page 41, Line 2the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and

• Page 41, Line 3(b)  The prevailing social and cultural standards and child-rearing practices of the Indian child's tribe.

• Page 41, Line 4(3)  For the purposes of this section, a qualified expert

• Page 41, Line 5witness is not required to have knowledge of social and

• Page 41, Line 6cultural standards of the Indian child's tribe only if such

• Page 41, Line 7knowledge is plainly irrelevant to the particular

• Page 41, Line 8circumstances at issue in the proceeding. The Indian child's tribe

• Page 41, Line 9may designate an individual as being qualified to testify to the

• Page 41, Line 10prevailing social and cultural standards of the Indian child's tribe.

• Page 41, Line 11(4)  If the Indian child's tribe has not identified a qualified

• Page 41, Line 12expert witness, the following individuals, in order of priority, may testify as a qualified expert witness:

• Page 41, Line 13(a)  A member of the Indian child's tribe or another

• Page 41, Line 14individual who is recognized by the tribe as knowledgeable

• Page 41, Line 15about tribal customs regarding family organization and child-rearing practices;

• Page 41, Line 16(b)  An individual who has substantial experience in the

• Page 41, Line 17delivery of child and family services to Indians and extensive

• Page 41, Line 18knowledge of prevailing social and cultural standards and child-rearing practices in the Indian child's tribe; or

• Page 41, Line 19(c)  An individual who has substantial experience in the

• Page 41, Line 20delivery of child and family services to Indians and extensive

• Page 41, Line 21knowledge of prevailing social and cultural standards and

• Page 42, Line 1child-rearing practices in Indian tribes with cultural similarities to the Indian child's tribe.

• Page 42, Line 2(5)  An Indian child's tribe must be provided the

• Page 42, Line 3opportunity to question the qualified expert witness in all

• Page 42, Line 4hearings involving the Indian child, regardless of whether the

• Page 42, Line 5Indian child's tribe has intervened pursuant to section 19-1.2-113.

• Page 42, Line 6(6)  For the purposes of this section, a petitioning or filing

• Page 42, Line 7party or an employee of the petitioning or filing party may not serve as a qualified expert witness.

• Page 42, Line 819-1.2-116.  Jurisdiction. (1)  Except as otherwise provided

• Page 42, Line 9in this section, the court's jurisdiction pursuant to this article

• Page 42, Line 101.2 in a case involving an Indian child is concurrent with the Indian child's tribe.

• Page 42, Line 11(2)  The Indian child's tribe has exclusive jurisdiction in a case involving an Indian child if:

• Page 42, Line 12(a)  The Indian child is a ward of a tribal court of the tribe; or

• Page 42, Line 13(b)  The Indian child resides or is domiciled on the tribe's reservation.

• Page 42, Line 14(3)  Notwithstanding subsection (2) of this section, the

• Page 42, Line 15court has temporary emergency jurisdiction over an Indian

• Page 42, Line 16child who is taken into protective custody pursuant to section 19-1.2-110 or 19-3-201, or part 4 of article 3 of this title 19.

• Page 42, Line 1719-1.2-117.  Determination of domicile and residence - tribal

• Page 42, Line 18court jurisdiction. (1)  In a child custody proceeding involving an

• Page 42, Line 19Indian child, the court shall determine and issue an order

• Page 43, Line 1regarding the Indian child's domicile or residence and whether the Indian child is under a tribal court's jurisdiction.

• Page 43, Line 2(2)  The petitioning or filing party shall coordinate with

• Page 43, Line 3the Indian child's tribe as necessary to assist the court in

• Page 43, Line 4making a determination pursuant to this section. If it is unclear

• Page 43, Line 5which tribe is the Indian child's tribe, the petitioning or filing

• Page 43, Line 6party shall coordinate with each tribe with which there is

• Page 43, Line 7reason to know that the Indian child may be a member or eligible for membership to assist the court in making the determination.

• Page 43, Line 819-1.2-118.  Motion to transfer to tribal court - objection.

• Page 43, Line 9(1)  Except as otherwise provided in subsection (5) of this section,

• Page 43, Line 10the court shall transfer a child custody proceeding brought

• Page 43, Line 11pursuant to this article 1.2 that involves an Indian child if, at

• Page 43, Line 12any time during the proceeding, the Indian child's parent, Indian

• Page 43, Line 13custodian, or tribe petitions the court to transfer the

• Page 43, Line 14proceeding to the tribal court, unless good cause is shown to deny the transfer.

• Page 43, Line 15(2)  Upon receipt of a transfer motion, the court shall

• Page 43, Line 16contact the Indian child's tribe and request a timely response regarding whether the tribe intends to decline the transfer.

• Page 43, Line 17(3) (a)  If a party objects in writing to the transfer motion,

• Page 43, Line 18the court shall set a hearing on the objections to the motion. In

• Page 43, Line 19determining whether there is good cause to deny transfer of

• Page 43, Line 20jurisdiction to a tribal court, the court shall engage in a

• Page 43, Line 21fact-specific inquiry, determined on a case-by-case basis as set forth in subsection (4) of this section.

• Page 43, Line 22(b)  At the hearing, the objecting party has the burden of

• Page 44, Line 1proof of establishing by clear and convincing evidence that good cause exists to deny the transfer.

• Page 44, Line 2(c)  If the Indian child's tribe contests the assertion that

• Page 44, Line 3good cause exists to deny the transfer, the court shall give the tribe's argument substantial weight.

• Page 44, Line 4(d)  When making a determination whether good cause exists to deny the transfer motion, the court must not consider:

• Page 44, Line 5(I)  Whether the proceeding is at an advanced stage;

• Page 44, Line 6(II)  Whether there has been a prior proceeding involving the Indian child in which a transfer motion was not filed;

• Page 44, Line 7(III)  Whether the transfer could affect the placement of the Indian child;

• Page 44, Line 8(IV)  The Indian child's cultural connections with the tribe or the tribe's reservation;

• Page 44, Line 9(V)  The socioeconomic conditions of the Indian child's

• Page 44, Line 10tribe or any negative perception of the tribe's or the federal bureau of Indian affairs's social services or judicial systems; or

• Page 44, Line 11(VI)  Whether the transfer serves the best interests of the Indian child.

• Page 44, Line 12(4)  Absent extraordinary circumstances, good cause to

• Page 44, Line 13deny transfer to a tribal court must be based on one or both of the following factors:

• Page 44, Line 14(a)  The Indian child's tribe does not have a tribal court or

• Page 44, Line 15any other administrative body that is vested with authority

• Page 44, Line 16over child custody proceedings to which the case can be

• Page 44, Line 17transferred, and no other tribal court has been designated by

• Page 44, Line 18the Indian child's tribe to hear child custody proceedings; or

• Page 45, Line 1(b)  The evidence necessary to decide the case could not be

• Page 45, Line 2adequately presented in the tribal court without undue

• Page 45, Line 3hardship to the parties or the witnesses, and the tribal court is

• Page 45, Line 4unable to mitigate the hardship by any means permitted in the

• Page 45, Line 5tribal court's rules. Without evidence of undue hardship, travel distance alone is not a basis for denying a transfer motion.

• Page 45, Line 6(5) (a)  The court shall deny the transfer motion if:

• Page 45, Line 7(I)  The tribe declines the transfer in writing or orally on the record;

• Page 45, Line 8(II)  One of the Indian child's parents objects to the transfer; or

• Page 45, Line 9(III)  After a hearing, the court finds by clear and convincing evidence that good cause exists to deny the transfer.

• Page 45, Line 10(b)  Notwithstanding subsection (5)(a)(II) of this section,

• Page 45, Line 11the objection of the Indian child's parent does not preclude the transfer if:

• Page 45, Line 12(I)  The objecting parent dies or the objecting parent's parental rights are terminated and have not been restored; and

• Page 45, Line 13(II)  The Indian child's remaining parent, Indian custodian,

• Page 45, Line 14or tribe files a new transfer motion subsequent to the death or termination of parental rights of the objecting parent.

• Page 45, Line 15(6)  If the court denies a transfer motion pursuant to this

• Page 45, Line 16section, the court shall document the basis for the denial in a written order.

• Page 45, Line 1719-1.2-119.  Requirements if transfer to tribal court granted.

• Page 45, Line 18(1)  Upon granting a motion to transfer pursuant to section

• Page 45, Line 1919-1.2-118, the court shall expeditiously:

• Page 46, Line 1(a)  Notify the tribal court of the pending dismissal of the child custody proceeding;

• Page 46, Line 2(b)  Transfer all information regarding the proceeding, including pleadings and court records, to the tribal court; and

• Page 46, Line 3(c)  If the Indian child is alleged to be within the

• Page 46, Line 4jurisdiction of the court pursuant to section 19-1.2-116, direct the petitioning or filing party to:

• Page 46, Line 5(I)  Coordinate with the tribal court and the Indian child's

• Page 46, Line 6tribe to ensure that the transfer of the proceeding and the

• Page 46, Line 7transfer of custody of the Indian child is accomplished with

• Page 46, Line 8minimal disruption of services to the Indian child and the Indian child's family; and

• Page 46, Line 9(II)  Expeditiously provide at no cost to the appropriate tribal agency:

• Page 46, Line 10(A)  All records and original documents in the petitioning

• Page 46, Line 11or filing party's possession that are related to the Indian child,

• Page 46, Line 12including a birth certificate, social security card, certificate of Indian birth, and other similar documents;

• Page 46, Line 13(B)  Documentation related to the Indian child's eligibility for state and federal assistance; and

• Page 46, Line 14(C)  The entire case record for the Indian child that the petitioning or filing party possesses.

• Page 46, Line 15(2)  The court shall dismiss the proceeding with prejudice

• Page 46, Line 16upon confirmation from the tribal court that the tribal court received the required transferred information.

• Page 46, Line 1719-1.2-120.  Placement preferences - cultural compact -

• Page 46, Line 18confidentiality. (1)  If the parental rights of an Indian child's

• Page 47, Line 1parents have not been terminated and the Indian child is in need

• Page 47, Line 2of placement or continuation in substitute care, the Indian child must be placed in the least restrictive setting that:

• Page 47, Line 3(a)  Most closely approximates a family, taking into consideration sibling attachment;

• Page 47, Line 4(b)  Allows the Indian child's special needs, if any, to be met;

• Page 47, Line 5(c)  Subject to subsection (1)(d)(II)(C) of this section, is in

• Page 47, Line 6reasonable proximity to the Indian child's home, extended family, or siblings; and

• Page 47, Line 7(d) (I)  Except as provided in subsection (3) of this section,

• Page 47, Line 8is in accordance with the order of preference established by the Indian child's tribe; or

• Page 47, Line 9(II)  If the Indian child's tribe has not established

• Page 47, Line 10placement preferences, is in accordance with the following order of preference:

• Page 47, Line 11(A)  The child's noncustodial parent;

• (B)  A member of the Indian child's extended family;

• Page 47, Line 12(C)  A foster home licensed, approved, or specified by the Indian child's tribe;

• Page 47, Line 13(D)  Another member of the Indian child's tribe;

• Page 47, Line 14(E)  Another Indian family with whom the Indian child has a relationship;

• Page 47, Line 15(F)  An Indian family from a tribe that is culturally similar or linguistically connected to the Indian child's tribe;

• Page 47, Line 16(G)  A foster home licensed or approved by a licensing

• Page 47, Line 17authority in this state and in which one or more of the licensed or approved foster parents is an Indian; or

• Page 48, Line 1(H)  An institution for children that has a program

• Page 48, Line 2suitable to meet the Indian child's needs and is approved by an Indian tribe or operated by an Indian organization.

• Page 48, Line 3(2)  If the parental rights of the Indian child's parents

• Page 48, Line 4have been terminated or if an Indian child is in need of

• Page 48, Line 5guardianship pursuant to part 2 of article 14 of title 15 or

• Page 48, Line 6adoptive placement, except as provided for in subsection (3) of this section, the Indian child must be placed:

• Page 48, Line 7(a)  In accordance with the order of preference established by the Indian child's tribe; or

• Page 48, Line 8(b)  If the Indian child's tribe has not established

• Page 48, Line 9placement preferences, according to the following order of preference:

• Page 48, Line 10(I)  With a member of the Indian child's extended family;

• (II)  With other members of the Indian child's tribe;

• Page 48, Line 11(III)  With a member or citizen of an Indian tribe in which

• Page 48, Line 12the Indian child is eligible for membership or citizenship but that is not the Indian child's tribe;

• Page 48, Line 13(IV)  With another Indian family with whom the Indian child has a relationship;

• Page 48, Line 14(V)  With an Indian family from a tribe that is culturally

• Page 48, Line 15similar or linguistically connected to the Indian child's tribe; or

• Page 48, Line 16(VI)  With another Indian family.

• Page 48, Line 17(3) (a)  A party may file a motion with the court requesting

• Page 48, Line 18authority to place the Indian child contrary to the placement

• Page 49, Line 1preferences set forth in subsection (1) or (2) of this section. The

• Page 49, Line 2motion must detail the reasons the party asserts that good

• Page 49, Line 3cause exists for placement contrary to the placement preferences set forth in subsection (1) or (2) of this section.

• Page 49, Line 4(b)  Upon the filing of an objection to a motion filed

• Page 49, Line 5pursuant to subsection (3)(a) of this section, the court shall set the time for a hearing on the objections.

• Page 49, Line 6(c)  If the court determines that the moving party has

• Page 49, Line 7established its burden by clear and convincing evidence that

• Page 49, Line 8there is good cause to depart from the placement preferences

• Page 49, Line 9set forth in subsection (1) or (2) of this section, the court may authorize an alternative placement.

• Page 49, Line 10(d)  The court's determination pursuant to subsection (3)(c) of this section:

• Page 49, Line 11(I)  Must be in writing and based on one or more of the following factors:

• Page 49, Line 12(A)  The preferences of the Indian child, if the Indian child

• Page 49, Line 13is of sufficient age and capacity to understand the decision that is being made;

• Page 49, Line 14(B)  The presence of a sibling attachment that cannot be

• Page 49, Line 15maintained through a placement consistent with the placement preferences set forth in subsection (1) or (2) of this section;

• Page 49, Line 16(C)  Any extraordinary physical, mental, or emotional

• Page 49, Line 17needs of the Indian child that require specialized treatment

• Page 49, Line 18services if, despite active efforts, those services are unavailable

• Page 49, Line 19in the community where families who meet the placement

• Page 49, Line 20preferences set forth in subsection (1) or (2) of this section reside;

• Page 50, Line 1(D)  A finding based on the testimony of the child

• Page 50, Line 2placement agency or the petitioning or filing party that a

• Page 50, Line 3diligent search has been conducted and that a placement

• Page 50, Line 4meeting the placement preferences set forth in subsection (1) or

• Page 50, Line 5(2) of this section is unavailable, as determined by the prevailing

• Page 50, Line 6social and cultural standards of the Indian community in which

• Page 50, Line 7the Indian child's parent or extended family resides or maintains social and cultural ties; or

• Page 50, Line 8(E)  The placement request of the Indian child's parent,

• Page 50, Line 9after the Indian child's parent has reviewed the placement

• Page 50, Line 10options, if any comply with the placement preferences set forth in subsection (1) or (2) of this section;

• Page 50, Line 11(II)  Must allow the court to retain discretion to find that

• Page 50, Line 12good cause does not exist even if one or more of the factors in this subsection (3) are present;

• Page 50, Line 13(III)  Must, in applying the placement preferences set forth

• Page 50, Line 14in subsection (1) or (2) of this section, give weight to the Indian

• Page 50, Line 15child's parent's request for anonymity if the placement is an

• Page 50, Line 16adoptive placement to which the Indian child's parent has consented; and

• Page 50, Line 17(IV)  May not be based:

• Page 50, Line 18(A)  On the socioeconomic conditions of the Indian child's tribe;

• Page 50, Line 19(B)  On any perception of the tribe's or federal bureau of Indian affairs' social services or judicial systems;

• Page 50, Line 20(C)  On the distance between a placement that meets the

• Page 51, Line 1placement preferences set forth in subsection (1) or (2) of this

• Page 51, Line 2section that is located on or near a reservation and the Indian

• Page 51, Line 3child's parent, except if the placement would undermine reunification efforts; or

• Page 51, Line 4(D)  Solely on the ordinary bonding or attachment

• Page 51, Line 5between the Indian child and a non-preferred placement arising from time spent in the non-preferred placement.

• Page 51, Line 6(4)  The court, on the court's own motion or the motion of

• Page 51, Line 7any party, shall make a determination pursuant to this section

• Page 51, Line 8regarding the Indian child's placement if the court or the

• Page 51, Line 9moving party has reason to know that the Indian child was

• Page 51, Line 10placed contrary to the placement preferences set forth in

• Page 51, Line 11subsection (1) or (2) of this section without good cause. A motion

• Page 51, Line 12made pursuant to this subsection (4) may be made in writing or orally on the record.

• Page 51, Line 13(5)  To ensure that this article 1.2 is fully implemented and

• Page 51, Line 14that all Indian children have the opportunity to maintain

• Page 51, Line 15strong connections to their culture, if the household into which

• Page 51, Line 16an Indian child is placed for adoption or guardianship does not

• Page 51, Line 17include a parent who is a member of the Indian child's tribe, the

• Page 51, Line 18court shall require the parties to the adoption to enter a

• Page 51, Line 19cultural compact at the discretion of the Indian child's tribe, or

• Page 51, Line 20otherwise develop a plan that documents the parties' agreement

• Page 51, Line 21regarding how the Indian child will continue to actively

• Page 51, Line 22participate in the Indian child's cultural learning and activities,

• Page 51, Line 23and engagement with family members. Each cultural compact or

• Page 51, Line 24plan must be specific to the Indian child; must consider the

• Page 52, Line 1Indian child's mental, physical, and emotional needs, including

• Page 52, Line 2the Indian child's preferences; and must take into account the

• Page 52, Line 3Indian child's understanding as the Indian child grows and

• Page 52, Line 4matures. The cultural compact or plan is considered a

• Page 52, Line 5post-adoption contact agreement in accordance with section

• Page 52, Line 619-5-208 (4.5) and enforceable in accordance with section 19-5-217.

• Page 52, Line 7(6)  A confidentiality requirement, if any, does not relieve

• Page 52, Line 8the court or any petitioners in an adoption proceeding from the

• Page 52, Line 9duty to comply with the placement preferences set forth in this section if the child is an Indian child.

• Page 52, Line 1019-1.2-121.  Order to vacate judgment. (1)  A petition to

• Page 52, Line 11vacate an order or a judgment involving an Indian child

• Page 52, Line 12regarding jurisdiction in accordance with sections 19-1.2-116

• Page 52, Line 13and 19-1.2-118, placement, guardianship, or the termination of

• Page 52, Line 14parental rights may be filed in a pending child custody

• Page 52, Line 15proceeding involving the Indian child or, if a child custody

• Page 52, Line 16proceeding is not pending, in any state or local court of competent jurisdiction by:

• Page 52, Line 17(a)  The Indian child who was alleged to be within the court's jurisdiction pursuant to section 19-1.2-116;

• Page 52, Line 18(b)  The Indian child's parent or Indian custodian from

• Page 52, Line 19whose custody the Indian child was removed or whose parental rights were terminated; or

• Page 52, Line 20(c)  The Indian child's tribe.

• Page 52, Line 21(2) (a)  The court shall vacate an order or judgment

• Page 52, Line 22involving an Indian child regarding jurisdiction in accordance

• Page 53, Line 1with sections 19-1.2-116 and 19-1.2-118, placement, guardianship,

• Page 53, Line 2or the termination of parental rights if the court determines that any provision of this article 1.2 has been violated.

• Page 53, Line 3(b)  If the vacated order or judgment resulted in the

• Page 53, Line 4removal or placement of the Indian child, the court shall order

• Page 53, Line 5the child returned to the Indian child's parent or Indian

• Page 53, Line 6custodian as soon as possible, and the court's order must include

• Page 53, Line 7a transition plan for the physical custody of the child, unless

• Page 53, Line 8the court determines that a hearing is to be held within

• Page 53, Line 9twenty-eight days in accordance with 25 U.S.C. sec. 1912 (e) and

• Page 53, Line 10section 19-1.2-123 to determine if the return of the Indian child

• Page 53, Line 11is appropriate. The transition plan may include protective custody pursuant to section 19-3-405.

• Page 53, Line 12(c)  If the vacated order or judgment terminated parental

• Page 53, Line 13rights, the court shall order the previously terminated parental rights to be restored.

• Page 53, Line 14(d)  If the state or any other party affirmatively asks the

• Page 53, Line 15court to reconsider the issues under the vacated order or

• Page 53, Line 16judgment, the court's findings or determinations must be

• Page 53, Line 17readjudicated by the court that is reconsidering whether there

• Page 53, Line 18has been abuse or neglect sufficient to allow the Indian child to be removed pursuant to this article 1.2.

• Page 53, Line 1919-1.2-122.  Determination of whether an Indian child has been

• Page 53, Line 20improperly removed or retained - remedy. (1)  The court, on the

• Page 53, Line 21court's own motion or on the motion of any party, shall

• Page 53, Line 22expeditiously determine whether an Indian child who is asserted

• Page 53, Line 23to be within the court's jurisdiction pursuant to section

• Page 54, Line 119-1.2-116 has been improperly removed or improperly retained

• Page 54, Line 2following a visit or temporary relinquishment of custody. A

• Page 54, Line 3motion pursuant to this section may be made orally or in writing.

• Page 54, Line 4(2)  If the court finds that the Indian child has been

• Page 54, Line 5improperly removed or improperly retained, the court shall

• Page 54, Line 6order the petitioning or filing party to immediately return the

• Page 54, Line 7Indian child to the Indian child's parent or Indian custodian and

• Page 54, Line 8dismiss the proceeding, unless the court determines that doing

• Page 54, Line 9so would subject the Indian child to substantial and immediate

• Page 54, Line 10danger or a threat of substantial and immediate danger. In such

• Page 54, Line 11a case, the court shall hold a hearing within twenty-eight days

• Page 54, Line 12in accordance with 25 U.S.C. sec. 1912 (e) and section 19-1.2-123 to determine if the return of the Indian child is appropriate.

• Page 54, Line 1319-1.2-123.  Foster care placement. (1)  For a court to order

• Page 54, Line 14foster care placement in a child custody proceeding involving an Indian child:

• Page 54, Line 15(a)  The court must find by clear and convincing evidence,

• Page 54, Line 16including the testimony of one or more qualified expert

• Page 54, Line 17witnesses, that the Indian child's continued custody by the

• Page 54, Line 18Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and

• Page 54, Line 19(b)  The court must determine that the evidence required

• Page 54, Line 20by subsection (1)(a) of this section shows a causal relationship

• Page 54, Line 21between the particular conditions in the Indian child's domicile

• Page 54, Line 22or residence and the likelihood that the continued custody of

• Page 54, Line 23the Indian child in that domicile or residence will result in

• Page 55, Line 1serious emotional or physical damage to the Indian child who is the subject of the child custody proceeding.

• Page 55, Line 2(2)  Without a causal relationship shown pursuant to

• Page 55, Line 3subsection (1)(b) of this section, if the evidence shows only the

• Page 55, Line 4existence of community or family poverty, isolation, single

• Page 55, Line 5parenthood, custodian age, crowded or inadequate housing,

• Page 55, Line 6substance abuse, or nonconforming social behavior, such

• Page 55, Line 7evidence does not by itself constitute the clear and convincing

• Page 55, Line 8evidence required for a finding that continued custody is likely

• Page 55, Line 9to result in serious emotional or physical damage to the Indian child.

• Page 55, Line 1019-1.2-124.  Tribal customary adoption. (1)  If the Indian

• Page 55, Line 11child's parent, Indian custodian, or tribe provides notice to the

• Page 55, Line 12court and the parties in writing or orally on the record that

• Page 55, Line 13the Indian child's parent, Indian custodian, or tribe is pursuing

• Page 55, Line 14a tribal customary adoption as a resolution to the child

• Page 55, Line 15custody proceeding, the Indian child's parent, Indian custodian,

• Page 55, Line 16or tribe must secure a motion to transfer the case to tribal

• Page 55, Line 17court pursuant to section 19-1.2-118 within sixty-three days

• Page 55, Line 18after receiving the notice. If the Indian child's parent, Indian

• Page 55, Line 19custodian, or tribe does not secure a motion to transfer the

• Page 55, Line 20case within sixty-three days, the court may consider other

• Page 55, Line 21permanency or placement options pursuant to this article 1.2 as

• Page 55, Line 22a resolution to the child custody proceeding. Failure to secure

• Page 55, Line 23the motion to transfer the case within sixty-three days does not

• Page 55, Line 24prevent the Indian child's parent, Indian custodian, or tribe from

• Page 55, Line 25filing a motion to transfer the case to a tribal court at a later date.

• Page 56, Line 1(2)  Upon the request of the Indian child's tribe or another

• Page 56, Line 2party to the case in which the tribal customary adoption was

• Page 56, Line 3issued, the court shall certify a tribal customary adoption

• Page 56, Line 4order and treat the order in accordance with the full faith and credit provisions set forth in section 19-1.2-131.

• Page 56, Line 519-1.2-125.  Termination of parental rights - tribal customary

• Page 56, Line 6adoption exemption. (1)  Upon the filing of a motion to terminate

• Page 56, Line 7the parent-child legal relationship, the court shall make a

• Page 56, Line 8finding, subject to the procedures described in section 19-1.2-108

• Page 56, Line 9(3), regarding whether there is reason to know that the child is an Indian child.

• Page 56, Line 10(2) (a)  If there is a finding that there is reason to know

• Page 56, Line 11that the child is an Indian child, in addition to the statutory

• Page 56, Line 12criteria outlined in section 19-3-604 and part 1 of article 5 of

• Page 56, Line 13this title 19, the court shall make findings, supported by

• Page 56, Line 14evidence beyond a reasonable doubt, including the testimony of

• Page 56, Line 15one or more qualified expert witnesses, that the parents'

• Page 56, Line 16continued custody of the Indian child is likely to result in serious emotional or physical damage to the child.

• Page 56, Line 17(b)  The court may not enter an order terminating parental rights of an Indian child unless:

• Page 56, Line 18(I)  The court has offered the parties the opportunity to participate in mediation;

• Page 56, Line 19(II)  Active efforts to reunite the Indian family did not

• Page 56, Line 20eliminate the necessity for termination based on serious

• Page 56, Line 21emotional or physical damage to the Indian child; and

• Page 57, Line 1(III)  The court has considered and eliminated any less

• Page 57, Line 2drastic alternatives to termination, including, but not limited

• Page 57, Line 3to, allocation of parental responsibilities, guardianship, and tribal customary adoption.

• Page 57, Line 4(3)  The evidence required pursuant to this section must

• Page 57, Line 5show a causal relationship between the particular conditions in

• Page 57, Line 6the Indian child's home and the likelihood that continued

• Page 57, Line 7custody of the Indian child by the Indian child's parent or

• Page 57, Line 8parents will result in serious emotional or physical damage to

• Page 57, Line 9the particular Indian child who is the subject of the child

• Page 57, Line 10custody proceeding. Evidence that shows the existence of

• Page 57, Line 11community or family poverty, isolation, single parenthood,

• Page 57, Line 12custodian age, crowded or inadequate housing, substance abuse,

• Page 57, Line 13or nonconforming social behavior does not, by itself, establish a causal relationship as required by this section.

• Page 57, Line 14(4)  A petitioning or filing party filing a motion to

• Page 57, Line 15terminate parental rights of an Indian child shall document in

• Page 57, Line 16the motion what efforts have been made to explore tribal customary adoption pursuant to section 19-1.2-124.

• Page 57, Line 17(5)  If requested by the tribe, the termination order must

• Page 57, Line 18include a provision that the petitioning or filing party maintain

• Page 57, Line 19connections between the Indian child and the Indian child's tribe.

• Page 57, Line 20(6)   The rights of one parent may be terminated without affecting the rights of the other parent.

• Page 57, Line 2119-1.2-126.  Voluntary consent - foster care placement,

• Page 57, Line 22relinquishment of parental rights, or adoption - requirements - when

• Page 58, Line 1not valid. (1)  When a parent or Indian custodian voluntarily

• Page 58, Line 2consents to a foster care, pre-adoptive or adoptive placement,

• Page 58, Line 3or to terminate parental rights, the consent is not valid unless

• Page 58, Line 4executed in writing and recorded before a judge of a court of

• Page 58, Line 5competent jurisdiction and accompanied by the judge's

• Page 58, Line 6certificate that the terms and consequences of the consent

• Page 58, Line 7were fully explained in detail and fully understood by the

• Page 58, Line 8parent or Indian custodian. The court shall also certify that

• Page 58, Line 9either the parent or Indian custodian fully understood the

• Page 58, Line 10explanation in English or that it was interpreted into a

• Page 58, Line 11language that the parent or Indian custodian understood. Any

• Page 58, Line 12consent given prior to, or within ten days after, birth of the Indian child is not valid.

• Page 58, Line 13(2)  A parent or Indian custodian may withdraw consent to

• Page 58, Line 14a foster care placement pursuant to state law at any time, and,

• Page 58, Line 15upon such withdrawal, the Indian child must be returned to the parent or Indian custodian.

• Page 58, Line 16(3)  In a voluntary proceeding for termination of parental

• Page 58, Line 17rights to, or adoptive placement of, an Indian child, the consent

• Page 58, Line 18of the Indian child's parent may be withdrawn for any reason at

• Page 58, Line 19any time prior to the entry of a final decree of termination of

• Page 58, Line 20parental rights or adoption, as the case may be, and the Indian child must be returned to the Indian child's parent.

• Page 58, Line 2119-1.2-127.  Tribal-state agreements - purpose - requirements.

• Page 58, Line 22(1) (a)  The state department shall continue to make good faith

• Page 58, Line 23efforts to follow and revise tribal-state child welfare

• Page 58, Line 24agreements with the Southern Ute Indian Tribe and the Ute

• Page 59, Line 1Mountain Ute Indian Tribe. The state department shall revise a

• Page 59, Line 2tribal-state child welfare agreement upon the request of, and in conjunction with, the requesting Indian tribe.

• Page 59, Line 3(b)  The state department may also enter into a

• Page 59, Line 4tribal-state child welfare agreement with any Indian tribe

• Page 59, Line 5outside of Colorado that has a significant number of member children or membership-eligible children residing in this state.

• Page 59, Line 6(2)  The purposes of a tribal-state child welfare

• Page 59, Line 7agreement are to promote the continued existence and integrity

• Page 59, Line 8of the Indian tribe as a political entity and to protect the vital

• Page 59, Line 9interests of Indian children in securing and maintaining

• Page 59, Line 10political, cultural, and social relationships with their tribe and family.

• Page 59, Line 11(3)  A tribal-state child welfare agreement may include

• Page 59, Line 12agreements regarding default jurisdiction over cases in which

• Page 59, Line 13the state courts and tribal courts have concurrent

• Page 59, Line 14jurisdiction; the transfer of cases between state courts and

• Page 59, Line 15tribal courts; the assessment, removal, placement, custody, and

• Page 59, Line 16adoption of Indian children; and any other child welfare services provided to Indian children.

• Page 59, Line 17(4)  A tribal-state child welfare agreement must:

• Page 59, Line 18(a)  Provide for the cooperative delivery of child welfare

• Page 59, Line 19services to Indian children in Colorado, including the

• Page 59, Line 20utilization, to the extent available, of services provided by the

• Page 59, Line 21Indian tribe or an organization whose mission is to serve the

• Page 59, Line 22American Indian or Alaska Native population to implement the

• Page 59, Line 23terms of the tribal-state child welfare agreement; and

• Page 60, Line 1(b)  If services provided by the Indian tribe or an

• Page 60, Line 2organization whose mission is to serve the American Indian or

• Page 60, Line 3Alaska Native population are unavailable, provide for the state

• Page 60, Line 4department's use of community services and resources developed

• Page 60, Line 5specifically for Indian families and that have the demonstrated

• Page 60, Line 6capacity to provide culturally relevant and effective services to Indian children.

• Page 60, Line 719-1.2-128.  Collateral attack. (1)  After the entry of a final

• Page 60, Line 8decree of adoption of an Indian child, the Indian child's parent

• Page 60, Line 9may withdraw consent upon the grounds that consent was

• Page 60, Line 10obtained through fraud or duress and may petition the court to vacate the decree.

• Page 60, Line 11(2)  Upon a finding that consent was obtained through

• Page 60, Line 12fraud or duress, the court shall vacate the decree of adoption

• Page 60, Line 13and order the return of the Indian child to the Indian child's parent.

• Page 60, Line 14(3)  An adoption that has been effective for at least two

• Page 60, Line 15years shall not be invalidated pursuant to this section unless otherwise permitted by state law.

• Page 60, Line 1619-1.2-129.  Report. (1) (a)  On or before September 15, 2027,

• Page 60, Line 17and every odd-numbered year thereafter, the judicial

• Page 60, Line 18department shall provide the following information for the prior two-year period to the state department:

• Page 60, Line 19(I)  The number of Indian children involved in dependency and neglect proceedings;

• Page 60, Line 20(II)  The dates out-of-home placement were ordered for

• Page 60, Line 21Indian children in protective custody;

• Page 61, Line 1(III)  The ratio of Indian children to non-Indian children in protective custody; and

• Page 61, Line 2(IV)  The number of cases that were transferred to a tribal court pursuant to sections 19-1.2-118 and 19-1.2-119.

• Page 61, Line 3(b)  On or before September 15, 2027, and every

• Page 61, Line 4odd-numbered year thereafter, the state department shall

• Page 61, Line 5compile the following information for the prior two-year period:

• Page 61, Line 6(I)  Which tribes the Indian children who were in

• Page 61, Line 7protective custody were members of or eligible for membership in;

• Page 61, Line 8(II)  The number of Indian children in foster care who are

• Page 61, Line 9in each of the placement preference categories described in

• Page 61, Line 10section 19-1.2-120 and the number of those placements that have Indian parents in the home;

• Page 61, Line 11(III)  The number of Indian children placed in adoptive

• Page 61, Line 12homes from the child welfare system in Colorado in each of the

• Page 61, Line 13placement preference categories described in section 19-1.2-120

• Page 61, Line 14and the number of those placements that have Indian parents in the home;

• Page 61, Line 15(IV)  The number of available placements and common

• Page 61, Line 16barriers to recruitment and retention of appropriate placements;

• Page 61, Line 17(V)  The number of times the court found that good cause

• Page 61, Line 18existed to deviate from the statutory placement preference

• Page 61, Line 19categories described in section 19-1.2-120 when making a finding

• Page 61, Line 20regarding the placement of a child in a dependency and neglect proceeding;

• Page 62, Line 1(VI)  The number of cases that were transferred to a tribal court pursuant to sections 19-1.2-118 and 19-1.2-119;

• Page 62, Line 2(VII)  The number of times the court found good cause to

• Page 62, Line 3decline to transfer jurisdiction of a dependency and neglect

• Page 62, Line 4proceeding to a tribal court upon request and the most common

• Page 62, Line 5reasons the court found good cause to decline a transfer petition;

• Page 62, Line 6(VIII)  The efforts taken by the department of human

• Page 62, Line 7services and the judicial department to ensure compliance with

• Page 62, Line 8this article 1.2 in dependency and neglect proceedings related to an Indian child;

• Page 62, Line 9(IX)  The number of ICWA compliance reports, as described

• Page 62, Line 10in this section, in which the department of human services

• Page 62, Line 11reported the petitioner's documentation was insufficient for the

• Page 62, Line 12court to make a finding regarding whether the petitioner

• Page 62, Line 13complied with the inquiry or notice requirements required pursuant to this article 1.2; and

• Page 62, Line 14(X)  The total number and the ratio of all ICWA

• Page 62, Line 15compliance reports that indicated there was a reason to know that the child was an Indian child.

• Page 62, Line 16(c)  No later than February 1, 2028, and every

• Page 62, Line 17even-numbered year thereafter, the state department shall

• Page 62, Line 18report the findings of the information compiled pursuant to

• Page 62, Line 19subsections (1)(a) and (1)(b) of this section to the house of

• Page 62, Line 20representatives health and human services committee, the house

• Page 62, Line 21of representatives judiciary committee, the senate health and

• Page 63, Line 1human services committee, and the senate judiciary committee, or their successor committees.

• Page 63, Line 2(2)  Notwithstanding the requirement in section 24-1-136

• Page 63, Line 3(11)(a)(I), the report required pursuant to this section continues indefinitely.

• Page 63, Line 419-1.2-130.  Conflict of laws. (1)  If any provision of this

• Page 63, Line 5section 1.2 is found to provide a lower standard of protection to

• Page 63, Line 6the rights of an Indian child or the Indian child's parent, Indian

• Page 63, Line 7custodian, or tribe than the federal "Indian Child Welfare Act of 1978":

• Page 63, Line 8(a)  The higher standard of protection in the federal "Indian Child Welfare Act of 1978" controls; and

• Page 63, Line 9(b)  The conflicting provision does not render any

• Page 63, Line 10remaining provisions of this article 1.2 inoperative that provide

• Page 63, Line 11a higher standard of protection than the federal "Indian Child Welfare Act of 1978".

• Page 63, Line 1219-1.2-131.  Full faith and credit.The court shall give full

• Page 63, Line 13faith and credit to the public acts, records, and judicial

• Page 63, Line 14proceedings of an Indian tribe applicable to an Indian child

• Page 63, Line 15custody proceeding, including, but not limited to, tribal

• Page 63, Line 16customary adoptions, to the same extent that the state gives

• Page 63, Line 17full faith and credit to the public acts, records, and judicial

• Page 63, Line 18proceedings of any other governmental entity. By granting full

• Page 63, Line 19faith and credit pursuant to this section, a tribal court order is enforceable pursuant to sections 13-53-102 and 13-53-103.

• Page 63, Line 2019-1.2-132.  Rules.The department of human services and

• Page 63, Line 21the judicial department may adopt rules as necessary to implement this article 1.2.

• Page 64, Line 1SECTION 3.  In Colorado Revised Statutes, 19-3-702, amend (4)(e) introductory portion; and add (4)(e)(III.5) as follows:

• Page 64, Line 219-3-702.  Permanency hearing. (4) (e)  If the court finds that

• Page 64, Line 3there is not a substantial probability that the child or youth will be

• Page 64, Line 4returned to a parent or legal guardian within six months and the child or

• Page 64, Line 5youth appears to be adoptable and meets the criteria for adoption in

• Page 64, Line 6section 19-5-203, the court may order the a county department of human

• Page 64, Line 7or social services to show cause why it should not file a motion to

• Page 64, Line 8terminate the parent-child legal relationship pursuant to part 6 of this

• Page 64, Line 9article 3. Cause may include, but is not limited to, any of the following conditions:

• Page 64, Line 10(III.5)  The court, in a proceeding involving an Indian child,

• Page 64, Line 11has determined that active efforts, as defined in section

• Page 64, Line 1219-1.2-103 and described in section 19-1.2-111, have not been made;

• Page 64, Line 13SECTION 4.  In Colorado Revised Statutes, 19-1-103, amend (83), (84), and (85) as follows:

• Page 64, Line 1419-1-103.  Definitions. As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:

• Page 64, Line 15(83)  "Indian child" means an unmarried person who is younger

• Page 64, Line 16than eighteen years of age and who is either: has the same meaning as set forth in section 19-1.2-103.

• Page 64, Line 17(a)  A member of an Indian tribe; or

• Page 64, Line 18(b)  Eligible for membership in an Indian tribe and who is the biological child of a member of an Indian tribe.

• Page 64, Line 19(84)  "Indian child's tribe" means: has the meaning determined pursuant to section 19-1.2-108.

• Page 65, Line 1(a)  The Indian tribe in which an Indian child is a member or eligible for membership; or

• Page 65, Line 2(b)  In the case of an Indian child who is a member of or eligible

• Page 65, Line 3for membership in more than one tribe, the Indian tribe with which the Indian child has the most significant contacts.

• Page 65, Line 4(85)  "Indian tribe" means an Indian tribe, band, nation, or other

• Page 65, Line 5organized group or community of Indians recognized as eligible for the

• Page 65, Line 6federal governmental services provided to Indians because of their status as Indians has the same meaning as set forth in section 19-1.2-103.

• Page 65, Line 7SECTION 5.  In Colorado Revised Statutes, 19-2.5-502, amend (5)(a) introductory portion and (5)(b) as follows:

• Page 65, Line 819-2.5-502.  Petition initiation - petition form and content.

• Page 65, Line 9(5) (a)  Pursuant to section 19-1-126 article 1.2 of this title 19, in

• Page 65, Line 10those delinquency proceedings to which the federal "Indian Child Welfare

• Page 65, Line 11Act of 1978", 25 U.S.C. sec. 1901 et seq., as amended, applies, including,

• Page 65, Line 12but not limited to, status offenses such as the illegal possession or

• Page 65, Line 13consumption of ethyl alcohol or marijuana by an underage person

• Page 65, Line 14individual or illegal possession of marijuana paraphernalia by an

• Page 65, Line 15underage person, as described in section 18-13-122, and possession of

• Page 65, Line 16handguns by juveniles, as described in section 18-12-108.5, the petition must:

• Page 65, Line 17(b)  If notices were sent to the Indian child's parent or Indian

• Page 65, Line 18custodian of the child and to the Indian child's tribe pursuant to section

• Page 65, Line 1919-1-126 article 1.2 of this title 19, the postal receipts must be

• Page 65, Line 20attached to the petition and filed with the court or filed within fourteen

• Page 65, Line 21days after the filing of the petition, as specified in section 19-1-126 (1)(c) article 1.2 of this title 19.

• Page 66, Line 1SECTION 6.  In Colorado Revised Statutes, 19-3-502, amend (2.7)(a) introductory portion and (2.7)(b) as follows:

• Page 66, Line 219-3-502.  Petition form and content - limitations on claims in

• Page 66, Line 3dependency or neglect actions. (2.7) (a)  Pursuant to the provisions of section 19-1-126 article 1.2 of this title 19, the petition must:

• Page 66, Line 4(b)  If notices were sent to the Indian child's parent or Indian

• Page 66, Line 5custodian of the child and to the Indian child's tribe pursuant to section

• Page 66, Line 619-1-126 article 1.2 of this title 19, the postal receipts shall must be

• Page 66, Line 7attached to the petition and filed with the court or filed within ten

• Page 66, Line 8fourteen days after the filing of the petition, as specified in section 19-1-126 (1)(c) article 1.2 of this title 19.

• Page 66, Line 9SECTION 7.  In Colorado Revised Statutes, 19-3-602, amend (1.5)(a) introductory portion and (1.5)(b) as follows:

• Page 66, Line 1019-3-602.  Motion for termination - separate hearing - right to

• Page 66, Line 11counsel - no jury trial. (1.5) (a)  Pursuant to the provisions of section 19-1-126 section 19-1.2-125, the motion for termination must:

• Page 66, Line 12(b)  If notices were sent to the Indian child's parent or Indian

• Page 66, Line 13custodian of the child and to the Indian child's tribe, pursuant to section

• Page 66, Line 1419-1-126 section 19-1.2-108, the postal receipts, or copies thereof, shall

• Page 66, Line 15must be attached to the motion for termination and filed with the court

• Page 66, Line 16or filed within ten fourteen days after the filing of the motion for termination, as specified in section 19-1-126 (1)(c) section 19-1.2-125.

• Page 66, Line 17SECTION 8.  In Colorado Revised Statutes, 19-5-103, amend (1.5)(a) introductory portion and (1.5)(b) as follows:

• Page 66, Line 1819-5-103.  Relinquishment procedure - petition - hearings.

• Page 66, Line 19(1.5) (a)  Pursuant to the provisions of section 19-1-126 article 1.2 of this title 19, the petition for relinquishment shall must:

• Page 67, Line 1(b)  If notices were sent to the Indian child's parent or Indian

• Page 67, Line 2custodian of the child and to the Indian child's tribe pursuant to section

• Page 67, Line 319-1-126 article 1.2 of this title 19, the postal receipts shall must be

• Page 67, Line 4attached to the petition and filed with the court or filed within fourteen

• Page 67, Line 5days after the filing of the petition, as specified in section 19-1-126 (1)(c) article 1.2 of this title 19.

• Page 67, Line 6SECTION 9.  In Colorado Revised Statutes, 19-5-105.5, amend (7.3) as follows:

• Page 67, Line 719-5-105.5.  Termination of parent-child legal relationship

• Page 67, Line 8upon a finding that the child was conceived as a result of sexual

• Page 67, Line 9assault - legislative declaration - definitions. (7.3)  If the child is an

• Page 67, Line 10Indian child, the court shall ensure compliance with the federal "Indian

• Page 67, Line 11Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and the provisions of section 19-1-126 article 1.2 of this title 19.

• Page 67, Line 12SECTION 10.  In Colorado Revised Statutes, 19-5-105.7, amend (11)(b) as follows:

• Page 67, Line 1319-5-105.7.  Termination of parent-child legal relationship in

• Page 67, Line 14a case of an allegation that a child was conceived as a result of sexual

• Page 67, Line 15assault but in which no conviction occurred - legislative declaration

• Page 67, Line 16- definitions. (11) (b)  If the child is an Indian child, the court shall

• Page 67, Line 17ensure compliance with the federal "Indian Child Welfare Act of 1978",

• Page 67, Line 1825 U.S.C. sec. 1901 et seq., and the provisions of section 19-1-126 article 1.2 of this title 19.

• Page 67, Line 19SECTION 11.  In Colorado Revised Statutes, 19-5-208, amend (2.5)(a) introductory portion and (2.5)(b) as follows:

• Page 67, Line 2019-5-208.  Petition for adoption - open adoption - post-adoption

• Page 68, Line 1contact agreement. (2.5) (a)  Pursuant to the provisions of section 19-1-126 article 1.2 of this title 19, the petition for adoption must:

• Page 68, Line 2(b)  If notices were sent to the Indian child's parent or Indian

• Page 68, Line 3custodian of the child and to the Indian child's tribe pursuant to section

• Page 68, Line 419-1-126 article 1.2 of this title 19, the postal receipts, or copies

• Page 68, Line 5thereof, shall must be attached to the petition for adoption and filed with

• Page 68, Line 6the court or filed within ten fourteen days after the filing of the petition

• Page 68, Line 7for adoption, as specified in section 19-1-126 (1)(c) article 1.2 of this title 19.

• Page 68, Line 8SECTION 12.  Safety clause. The general assembly finds,

• Page 68, Line 9determines, and declares that this act is necessary for the immediate

• Page 68, Line 10preservation of the public peace, health, or safety or for appropriations for

• Page 68, Line 11the support and maintenance of the departments of the state and state institutions.