House Bill 25-1185 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning court proceedings for a parent-child legal

• Page 1, Line 102relationship when the child was conceived as a result

• Page 1, Line 103of a sexual assault.

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.)

Under current law, a parent who wants to relinquish their child must satisfy certain requirements. If the parent who wants to relinquish their child is a victim of sexual assault that resulted in the conception of the child to be relinquished, the bill:

• Allows the relinquishment petitioner to provide the juvenile court with documentation concerning the sexual assault or conception, including a sworn affidavit;
• Exempts the petitioner from having to satisfy certain relinquishment requirements if the court finds that the petitioner is a victim of sexual assault that resulted in the conception of the child to be relinquished; and
• Exempts the relinquishing parent of all legal obligations they may have with respect to the child if the court grants a final order of relinquishment.

On or before January 1, 2026, the state court administrator is required to develop a, or modify an existing, standardized form for a petitioner to file to terminate another person's parent-child legal relationship because the child was conceived as a result of sexual assault.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 19-5-101, amend (1) as follows:

• Page 2, Line 319-5-101.  Termination of the parent-child legal relationship.

• Page 2, Line 4(1)  The juvenile court may, upon petition, terminate the parent-child

• Page 2, Line 5legal relationship between a parent or parents, or a possible parent or parents, and a child in proceedings pursuant to:

• Page 2, Line 6(a)  Proceedings under Section 19-1-104 (1)(d);

• (a.5)  Proceedings under Section 19-5-103.5 (2)(d);

• Page 2, Line 7(b)  Proceedings under Section 19-5-105;

• Page 2, Line 8(c)  Proceedings under Section 19-5-203 (1)(d), (1)(e), (1)(f), (1)(j), and (1)(k); or

• Page 2, Line 9(d)  Proceedings under Section 19-5-105.5; or

• (e)  Section 19-5-105.7.

• Page 2, Line 10SECTION 2.  In Colorado Revised Statutes, 19-5-103, add (13) as follows:

• Page 2, Line 1119-5-103.  Relinquishment procedure - petition - hearings.

• Page 2, Line 12(13) (a) (I)  If a child was conceived as a result of an act that led

• Page 3, Line 1to a parent's conviction for sexual assault or for a conviction

• Page 3, Line 2of an act in which the underlying factual basis was sexual

• Page 3, Line 3assault, the victim of the sexual assault or crime may file a

• Page 3, Line 4petition in the juvenile court to prevent future contact with the

• Page 3, Line 5parent who committed the sexual assault and to relinquish the

• Page 3, Line 6parent-child legal relationship of the victim of the sexual assault or crime.

• Page 3, Line 7(II)  A person who alleges that they are a victim of sexual

• Page 3, Line 8assault and who alleges that a child was conceived as a result

• Page 3, Line 9of a sexual assault of which a conviction did not occur may file

• Page 3, Line 10a petition in the juvenile court to prevent future contact with

• Page 3, Line 11the parent who allegedly committed the sexual assault and to

• Page 3, Line 12relinquish the parent-child legal relationship of the alleged victim of the sexual assault.

• Page 3, Line 13(b)  A parent who is a victim or who alleges that they are

• Page 3, Line 14a victim as described in subsection (13)(a) of this section and who

• Page 3, Line 15wants to relinquish the child who was conceived or is alleged to

• Page 3, Line 16have been conceived as described in subsection (13)(a) of this

• Page 3, Line 17section shall include with their petition for relinquishment

• Page 3, Line 18documentation concerning the sexual assault or conception. The documentation may include:

• Page 3, Line 19(I)  A court record documenting the conviction for sexual

• Page 3, Line 20assault or conviction of an act in which the underlying factual basis was sexual assault;

• Page 3, Line 21(II)  A police report concerning the sexual assault;

• Page 3, Line 22(III)  Medical records, forensic exam results, or genetic

• Page 3, Line 23testing results;

• Page 4, Line 1(IV)  Records from a licensed mental health professional or victim's advocate; or

• Page 4, Line 2(V)  A sworn affidavit from the petitioner that alleges the

• Page 4, Line 3petitioner is a victim of sexual assault that resulted in the conception of the child to be relinquished.

• Page 4, Line 4(c) (I)  If the petition for relinquishment includes

• Page 4, Line 5documentation of a parent's conviction for sexual assault or

• Page 4, Line 6for a conviction of an act in which the underlying factual basis

• Page 4, Line 7was sexual assault and the child to be relinquished was

• Page 4, Line 8conceived as a result of the crime, or if the court finds, based on

• Page 4, Line 9a preponderance of the evidence, that the relinquishment

• Page 4, Line 10petitioner is a victim of a sexual assault that resulted in the

• Page 4, Line 11conception of the child to be relinquished, then notwithstanding

• Page 4, Line 12any provision of this section to the contrary, the petitioner is exempt from, and the court shall not require the petitioner to:

• Page 4, Line 13(A)  Satisfy any counseling requirements pursuant to this section; or

• Page 4, Line 14(B)  Pay fees for guardians ad litem or counsel for youth pursuant to this section.

• Page 4, Line 15(II)  If the petition for relinquishment includes

• Page 4, Line 16documentation of a parent's conviction for sexual assault or

• Page 4, Line 17for a conviction of an act in which the underlying factual basis

• Page 4, Line 18was sexual assault and the child to be relinquished was

• Page 4, Line 19conceived as a result of the crime, or if the court finds, based on

• Page 4, Line 20a preponderance of the evidence, that the relinquishment

• Page 4, Line 21petitioner is a victim of a sexual assault that resulted in the

• Page 4, Line 22conception of the child to be relinquished, then notwithstanding

• Page 5, Line 1any law to the contrary, if the court grants a final order of

• Page 5, Line 2relinquishment, the court's final order of relinquishment must

• Page 5, Line 3divest the relinquishing parent of all legal obligations they

• Page 5, Line 4may have with respect to the child relinquished, including child support, at the time of relinquishment.

• Page 5, Line 5(d)  A parent who is a party to a pending dependency and

• Page 5, Line 6neglect case pursuant to article 3 of this title 19 may pursue

• Page 5, Line 7relinquishment pursuant to this subsection (13) at any time during the dependency and neglect proceedings.

• Page 5, Line 8SECTION 3.  In Colorado Revised Statutes, 19-5-104, amend (5) as follows:

• Page 5, Line 919-5-104.  Final order of relinquishment. (5) (a)  A final order

• Page 5, Line 10of relinquishment shall must divest the relinquishing parent or parents of

• Page 5, Line 11all legal rights and obligations they may have with respect to the child

• Page 5, Line 12relinquished, but it shall not modify the child's status as an heir at law

• Page 5, Line 13which shall cease ceases only upon a subsequent final decree of

• Page 5, Line 14adoption; except that the relinquishing parent's or parents' obligation to

• Page 5, Line 15pay for services received by the child through the department, or other

• Page 5, Line 16support received, shall must be terminated upon a subsequent final

• Page 5, Line 17decree of adoption or by order of the court at the time of relinquishment.

• Page 5, Line 18The order of relinquishment shall must release the relinquished child

• Page 5, Line 19from all legal obligations with respect to the relinquishing parent or parents.

• Page 5, Line 20(b)  Pursuant to section 19-5-103 (13), if the petition for

• Page 5, Line 21relinquishment includes documentation of a parent's conviction

• Page 5, Line 22for sexual assault or for a conviction of an act in which the

• Page 5, Line 23underlying factual basis was sexual assault and the child to be

• Page 6, Line 1relinquished was conceived as a result of the crime, or if the

• Page 6, Line 2court finds, based on a preponderance of the evidence, that the

• Page 6, Line 3relinquishing parent is a victim of a sexual assault that

• Page 6, Line 4resulted in the conception of the child to be relinquished, then

• Page 6, Line 5notwithstanding any law to the contrary, if the court grants

• Page 6, Line 6a final order of relinquishment, the court's final order of

• Page 6, Line 7relinquishment must divest the relinquishing parent of all legal

• Page 6, Line 8obligations they may have with respect to the child

• Page 6, Line 9relinquished, including child support, at the time of relinquishment.

• Page 6, Line 10SECTION 4.  In Colorado Revised Statutes, 19-5-105.5, amend (6.7); and add (4.3) as follows:

• Page 6, Line 1119-5-105.5.  Termination of parent-child legal relationship

• Page 6, Line 12upon a finding that the child was conceived as a result of sexual

• Page 6, Line 13assault - legislative declaration - definitions. (4.3)  On or before

• Page 6, Line 14January 1, 2026, the state court administrator shall develop a,

• Page 6, Line 15or modify an existing, standardized petition form for a

• Page 6, Line 16petitioner to complete and file pursuant to this section. At a

• Page 6, Line 17minimum, the standardized petition form must allow a petitioner

• Page 6, Line 18to allege the information described in subsection (4) of this

• Page 6, Line 19section and provide the petitioner the ability to provide

• Page 6, Line 20information to support their allegation that the respondent

• Page 6, Line 21committed an act of sexual assault against the petitioner and that a child was conceived as a result of the sexual assault.

• Page 6, Line 22(6.7)  The juvenile court shall accept and hear a each petition

• Page 6, Line 23to terminate the parent-child legal relationship filed pursuant to this

• Page 6, Line 24section no more than one hundred twenty days after service of the

• Page 7, Line 1petition or from the first appearance date, whichever is later, unless both

• Page 7, Line 2parties consent to an extension or the court finds good cause to extend the hearing beyond one hundred twenty days.

• Page 7, Line 3SECTION 5.  In Colorado Revised Statutes, 19-5-105.7, amend (10); and add (4.3) as follows:

• Page 7, Line 419-5-105.7.  Termination of parent-child legal relationship in

• Page 7, Line 5a case of an allegation that a child was conceived as a result of sexual

• Page 7, Line 6assault but in which no conviction occurred - legislative declaration

• Page 7, Line 7- definitions. (4.3)  On or before January 1, 2026, the state court

• Page 7, Line 8administrator shall develop a, or modify an existing,

• Page 7, Line 9standardized petition form for a petitioner to complete and file

• Page 7, Line 10pursuant to this section. At a minimum, the standardized petition

• Page 7, Line 11form must allow a petitioner to allege the information

• Page 7, Line 12described in subsection (4) of this section and provide the

• Page 7, Line 13petitioner the ability to provide information to support their

• Page 7, Line 14allegation that the respondent committed an act of sexual

• Page 7, Line 15assault against the petitioner and that a child was conceived as a result of the sexual assault.

• Page 7, Line 16(10)  The juvenile court shall accept and hear a each petition

• Page 7, Line 17to terminate the parent-child legal relationship filed pursuant to this

• Page 7, Line 18section no more than one hundred twenty days after service of the

• Page 7, Line 19petition or from the first appearance date, whichever is later, unless both

• Page 7, Line 20parties consent to an extension or the court finds good cause to extend the hearing beyond one hundred twenty days.

• Page 7, Line 21SECTION 6.  Act subject to petition - effective date. This act

• Page 7, Line 22takes effect at 12:01 a.m. on the day following the expiration of the

• Page 7, Line 23ninety-day period after final adjournment of the general assembly; except

• Page 8, Line 1that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 8, Line 2of the state constitution against this act or an item, section, or part of this

• Page 8, Line 3act within such period, then the act, item, section, or part will not take

• Page 8, Line 4effect unless approved by the people at the general election to be held in

• Page 8, Line 5November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.