(1) Following an order of termination of the parent-child legal relationship, the court shall consider, but shall not be bound by, a request that guardianship and legal custody of the child be placed with a relative of the child. When ordering guardianship of the person and legal custody of the child, the court may give preference to a grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child when such relative has made a timely request therefor pursuant to the requirement of this subsection (1) and the court determines that such placement is in the best interests of the child. Such request must be submitted to the court no later than twenty days after the motion for termination is filed pursuant to section 19-3-602. Nothing in this section shall be construed to require the child placement agency with physical custody of the child to notify said relatives described in this section of the pending termination of parental rights.
Notwithstanding the provisions of subsection (1) of this section to the contrary, whenthe child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, the court shall presume that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.
In making placement determinations concerning a child following the order of termination of the parent-child legal relationship pursuant to the provisions of this section, the court shall consider all pertinent information related to modifying the placement of the child prior to removing the child from his or her placement, including the following:
An individualized assessment of the child's needs created pursuant to Title IV-E ofthe federal "Social Security Act", as amended, and regulations promulgated thereunder, as amended;
Whether the child's placement at the time of the hearing is a safe and potentiallypermanent placement for the child, including documentation that a county department or a licensed child placement agency has adequately screened the family member who is seeking to care for the child and any adult residing in the home and that all of the criminal history record checks and other background checks have been completed as required pursuant to section 26-6106.3, C.R.S., or section 19-3-407;
The child's actual age and developmental stage and, in consideration of this information, the child's attachment needs;
Whether the child has significant psychological ties to a person who could provide apermanent placement for the child, including a relative, and, if so, whether this person maintained contact with the child during the child's placement out of the home;
Whether a person who could provide a permanent placement for the child is willingto maintain appropriate contact after an adoption of the child with the child's relatives, particularly sibling relatives, when such contact is safe, reasonable, and appropriate;
Whether a person who could provide a permanent placement for the child is aware ofthe child's culture and willing to provide the child with positive ties to his or her culture;
The child's medical, physical, emotional, or other specific needs, and whether a person who could provide a permanent placement for the child is able to meet the child's needs; and
The child's attachment to the child's caregiver at the time of the hearing and thepossible effects on the child's emotional well-being if the child is removed from the caregiver's home.
Source: L. 87: Entire title R&RE, p. 789, § 1, effective October 1. L. 2003: Entire section amended, p. 2626, § 7, effective June 5. L. 2005: (1) amended, p. 93, § 1, effective March 31; entire section amended, p. 678, § 3, effective July 1. L. 2015: (3)(b) amended, (SB 15-087), ch. 263, p. 1019, § 12, effective June 2; (3) amended, (HB 15-1337), ch. 328, p. 1342, § 2, effective June 5.
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-11105.5 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Amendments to this section by House Bill 05-1174 and House Bill 05-1173 wereharmonized.
Amendments to subsection (3)(b) by HB 15-1337 and SB 15-087 were harmonized.
Cross references: (1) For the legislative declaration contained in the 2005 act amending this section, see section 1 of chapter 194, Session Laws of Colorado 2005.
(2) For part E of Title IV of the federal "Social Security Act", see 42 U.S.C. sec. 670 et seq.