Cost of care.

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(1) (a) Notwithstanding the provisions of section 19-1-115 (4)(d), where a juvenile is sentenced to a placement out of the home or is granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court, the court may order the juvenile or the juvenile's parent to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this section, and for the maintenance and support of the juvenile's spouse, dependent children, any other persons having a legal right to support and maintenance out of the estate of the juvenile, or any persons having a legal right to support and maintenance out of the estate of the juvenile's parent. The court shall also consider the financial needs of the juvenile for the six-month period immediately following the juvenile's release, for the purpose of allowing said juvenile to seek employment.

(b) For an adoptive family who receives an approved Title IV-E adoption assistance subsidy pursuant to the federal "Social Security Act", 42 U.S.C. sec. 673 et seq., or an approved payment in subsidization of adoption pursuant to article 7 of title 26, the cost of care, as defined in section 19-1-103 (30), must not exceed the amount of the adoption assistance payment.

  1. Any order for payment toward the cost of care entered by the court pursuant to subsection (1) of this section shall constitute a judgment which shall be enforceable by the state or the governmental agency that would otherwise incur the cost of care for the juvenile in the same manner as are civil judgments.

  2. In order to effectuate the provisions of this section, a juvenile and such juvenile'sparent shall be required to provide information to the court regarding the juvenile's estate and the estate of such juvenile's parent. Such financial information shall be submitted in writing and under oath.

  3. and (5) Repealed.

Source: L. 96: Entire article amended with relocations, p. 1601, § 1, effective January 1, 1997. L. 97: (4) and (5) repealed, p. 1431, § 5, effective June 3. L. 2007: (1) amended, p. 1506, § 3, effective May 31. L. 2019: (1)(b) amended, (SB 19-178), ch. 180, p. 2049, § 3, effective August 2.

Editor's note: This section was formerly numbered as 19-2-705.5 (1) to (5).

Cross references: For the legislative declaration contained in the 2007 act amending subsection (1), see section 1 of chapter 351, Session Laws of Colorado 2007.


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