Colorado § 19-1-123 - Expedited procedures for permanent placement - children under the age of six years - designated counties.

§ 19-1-123. Expedited procedures for permanent placement - children under the age of six years - designated counties.

(1) (a) The expedited procedures for the permanent placement of children under the age of six years required by article 3 of this title 19 must be implemented on a county-by-county basis beginning July 1, 1994. The state department of human services, in consultation with the judicial department and the governing boards of each county department of human or social services, shall have the responsibility for establishing an implementation schedule that provides for statewide implementation of such expedited procedures by June 30, 2004. A designated county is required to implement the expedited procedures on and after the implementation date applicable to the county as specified in the implementation schedule for each new case filed in the county involving a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2).

(b) (Deleted by amendment, L. 2000, p. 73, § 1, effective March 10, 2000.)

(2) (a) The implementation of expedited procedures in additional counties shall be subject to specific appropriation by the general assembly or by determination by a county that no additional resources are needed.

(b) (Deleted by amendment, L. 2004, p. 193, § 6, effective August 4, 2004.)

Source: L. 94: Entire section added, p. 2052, § 3, effective July 1. L. 98: (2)(a) amended, p. 730, § 17, effective May 18. L. 2000: (1)(b) and (2)(a) amended, p. 73, § 1, effective March 10. L. 2004: (2) amended, p. 193, § 6, effective August 4. L. 2018: (1)(a) amended, (SB 18-092), ch. 38, p. 409, § 32, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

ANNOTATION

Where trial court finds by clear and convincing evidence that a parent's conduct or condition is unlikely to change and parent has not therefore been adversely affected by decrease in time to comply with a treatment plan, parent lacks standing to challenge the constitutionality of this section under the equal protection guarantees of the fourteenth amendment of the U.S. Constitution and art. II, § 25, Colo. Const., as discriminatory based upon county-by-county adoption of the section. People in Interest of R.J.A., 994 P.2d 470 (Colo. App. 1999).

The policies underlying both the expedited procedures and sibling group preference do not permit the application of the shorter incarceration period so as to terminate parental rights concerning an older child whose parent is subject to the longer incarceration period. The termination of parental rights concerning the older child must still be subject to the longer allowable incarceration period. People ex rel. T.M., 240 P.3d 542 (Colo. App. 2010).