(1) If the court orders legal custody of a juvenile to a county department of human or social services pursuant to the provisions of this article 2, the order must contain specific findings as follows:
Whether placement of the juvenile out of the home would be in the juvenile's and thecommunity's best interests;
Whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home, whether it is reasonable that such efforts are not made because an emergency situation exists that requires the immediate removal of the juvenile from the home, or whether such efforts are not required because of circumstances described in section 19-1-115 (7); and
(Deleted by amendment, L. 2006, p. 508, § 3, effective April 18, 2006.)
Whether reasonable efforts have been made to identify kin or a suitable adult withwhom to place the juvenile.
(1.5) For all hearings and reviews concerning the juvenile, the court shall ensure that notice is provided to the juvenile and to the following persons with whom the juvenile is placed:
Foster parents;
Pre-adoptive parents;
Relatives; or
Kin, as defined in section 19-1-103 (71.3).
(2) (a) Every six months after the sentencing hearing provided in section 19-2-906, the court shall hold a hearing to review any order of community placement or, if there is no objection by any party to the action, the court may require the department of human services to conduct an administrative review. The entity scheduling the review shall provide notice of the review to the juvenile, the juvenile's parents or guardian, any service providers working with the juvenile, the juvenile's guardian ad litem, if one has been appointed, and all attorneys of record to allow appearances of any of said persons at the review. At the review conducted pursuant to this subsection (2), the reviewing entity shall determine:
Whether continued community placement is in the best interests of the juvenile andthe community;
Whether the juvenile's safety is protected in the community placement;
Whether reasonable efforts have been made to return the juvenile to the home orwhether the juvenile should be permanently removed from his or her home;
Whether continued community placement is necessary and appropriate;
Whether there has been compliance with the juvenile's case plan;
Whether progress has been made toward alleviating or mitigating the causes thatnecessitated the community placement; and
Whether there is a date projected by which the juvenile will be returned and safelymaintained in his or her home, placed for legal guardianship, or placed in a planned permanent living arrangement.
If the juvenile resides in a placement out of state, the entity conducting the reviewshall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the juvenile.
(Deleted by amendment, L. 2001, p. 844, § 5, effective June 1, 2001.)
(3) (a) If the juvenile is in the legal custody of a county department of human or social services and is placed in a community placement for a period of twelve months or longer, the district court, another court of competent jurisdiction, or an administrative body appointed or approved by the court that is not under the supervision of the department shall conduct a permanency hearing within said twelve months and every twelve months thereafter for as long as the juvenile remains in community placement. At the permanency hearing, the entity conducting the hearing shall make the following determinations:
Whether continued community placement is in the best interests of the juvenile andthe community;
Whether the juvenile's safety is protected in the community placement;
Whether reasonable efforts have been made to finalize the juvenile's permanencyplan that is in effect at that time;
Whether continued community placement is necessary and appropriate;
Whether there has been compliance with the juvenile's case plan;
Whether progress has been made toward alleviating or mitigating the causes thatnecessitated the community placement;
Whether there is a date projected by which the juvenile will be returned and safelymaintained in his or her home, placed for legal guardianship, or placed in a planned permanent living arrangement; and
Whether procedural safeguards to preserve parental rights have been applied inconnection with the removal of the juvenile from the home, any change in the juvenile's community placement, or any determination affecting parental visitation.
If the juvenile resides in a placement out of state, the entity conducting the reviewshall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the juvenile.
(Deleted by amendment, L. 2001, p. 844, § 5, effective June 1, 2001.)
The entity conducting the permanency hearing shall consult with the juvenile, in anage-appropriate manner, concerning the juvenile's permanency plan.
Source: L. 99: Entire section added, p. 909, § 4, effective July 1. L. 2001: Entire section amended, p. 844, § 5, effective June 1. L. 2006: (1) and (3)(a) amended, p. 508, § 3, effective
April 18. L. 2007: (1.5) and (3)(d) added, p. 1016, §§ 3, 2, effective May 22. L. 2018: IP(1) and IP(3)(a) amended, (SB 18-092), ch. 38, p. 415, § 47, effective August 8. L. 2019: (1)(d) and (1.5)(d) added and (1.5)(b) and (1.5)(c) amended, (SB 19-108), ch. 294, p. 2720, § 16, effective July 1.
Cross references: For the legislative declaration contained in the 1999 act enacting this section, see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending this section, see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.