ICPC State Pages

Colorado Adoption

Colorado permits the following types of adoptions in addition to public adoptions:

Adoption Statute-Non-Agency; Independent; Private Adoptions:

• Private Agency Adoptions: 19-5-206, C.R.S.
• Private Attorney Adoptions: 19-5-206, C.R.S.
• Independent Adoptions: 19-5-206, C.R.S.

Public

Public Adoptive Placement-Requirements:

• CCR 7.204 Case Contact Requirements

  • A face-to-face contact is required every month with the child/youth. At least every other month contact shall occur where the child(ren)/youth resides and shall include visual assessment of the child(ren)/youth’s living environment.
  • Two face-to-face visits with the child(ren)/youth shall occur in the first 30-days following an out-of-home placement. At least one of the visits shall occur where the child(ren)/youth reside.

  CCR 7.500.313 Supervision and Support

  • A face-to-face contact shall be made in the foster care home with at least one (1) foster parent present at least once a month while children/youth are placed in the foster care home.

  CCR 7.710.6 Responsibility of the Agency After Placement

  • For children of less than one (1) year of age at time of placement, no less than three (3) face-to-face supervisory visits, including at least two (2) visits to the adoptive home, one (1) visit to the adoptive home must be within the first two (2) weeks after placement. Visits in the adoptive home should include all adoptive family members.
  • For children of one (1) year of age or older at time of placement, at least one (1) visit per month with no less than half (1/2) of the visits as face-to-face visits in the adoptive home. The first (1st) visit must be within two (2) weeks after placement of the child(ren). Visits in the adoptive home should include all adoptive family members.

Adoption Assistance

Adoption assistance payments begin:

• Other : Adoption assistance payments begin: • Once the adoption has been finalized and there is a valid adoption assistance agreement in place. • At the time the child is placed Subsidization of Adoption Statutes 26-7-101, C.R.S. through 26-7-110, C.R.S. • Colorado Code of Regulations (CCR) 7.306.4 through 7.306.54 • Colorado Department of Human Services Adoption page - https://cdhs.colorado.gov/adoption

Sending State Adoption Subsidy Payments (Guidelines):

• In child welfare, the sending state would be considered the adoption agreement state and would be responsible for completing the adoption assistance negotiation and adoption assistance agreement with the adoptive parent(s).

  • If a child/youth moves to another state, the agreement state continues to pay the adoption assistance agreement payment.
  • Medicaid is opened in the new state via the ICAMA process. Children and youth adopted in Colorado are eligible for Medicaid until the age of 21.

Special Needs

Colorado definition of "Special Needs":

• Colorado Definition of "Special Needs":

  Per 26-7-102, C.R.S.  “Eligible child or youth” means a child or youth who meets the medical and disability requirements for federal supplemental security income (SSI) or is a child or youth with one or more specific factors or conditions that would make it reasonable to conclude that a child or youth cannot be adopted without providing benefits to assist in the adoption. Factors include but are not limited to:

  • A physical disability, such as hearing, vision, or physical impairment; neurological conditions; disfiguring defects; metabolic disorder; a child or youth infected with the human immunodeficiency virus; or heart defects that have been documented by a licensed medical professional;
  • A mental, intellectual, or developmental disability that has been documented by a licensed medical professional, such as a perceptual, speech, or language disability or any disability that results in educational delays or significant learning difficulties;
  • An emotional handicap, such as post-traumatic stress disorder, bipolar disorder, or other mental health disorder that has been documented by a licensed mental health professional;
  • Hereditary factors that have been documented by a licensed medical provider or mental health professional;
  • An educational disability that qualifies for section 504 of the federal “Rehabilitation Act of 1973”, as amended, 29 U.S.C. sec. 701 et seq., or special education services;
  • Factors that place a child or youth in a “high-risk” category, such as being drug- or alcohol-exposed in utero;
  • Other conditions that act as a barrier to the child’s or youth’s adoption, including but not limited to a healthy child or youth over seven years of age or a sibling group that should remain intact and medical conditions that are likely to require further treatment; or
  • Ethnic background or membership in a minority group whose children or youth might be difficult to place.

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Colorado, child must be in adoptive placement:

• 6 months
• Other

Statutory code/cite for Adoption Petition:

• 19-5-210, C.R.S. Hearing on Petition

Court Jurisdiction for Adoption Cases:

• Per County District Court

  Colorado Judicial District Court Districts Map link - https://www.coloradojudicial.gov/trial-courts-district

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

• • 19-5-207, C.R.S. Written consent and home study report for public adoptions - fingerprint-based criminal history record checks - investigation - rules
  • 19-5-206, C.R.S. Placement for purposes of adoption