Colorado § 19-2.5-1116 - Orders - community placement - reasonable efforts required - reviews.

§ 19-2.5-1116. Orders - community placement - reasonable efforts required - reviews.

(1) If the court orders legal custody of a juvenile to a county department of human or social services pursuant to this article 2.5, the order must contain specific findings as follows:

(a) Whether placement of the juvenile out of the home would be in the juvenile's and the community's best interests;

(b) 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

(c) Whether reasonable efforts have been made to identify kin or a suitable adult with whom to place the juvenile.

(2) 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:

(a) Foster parents;

(b) Pre-adoptive parents;

(c) Relatives; or

(d) Kin, as defined in section 19-1-103.

(3) (a) Every six months after the sentencing hearing held pursuant to section 19-2.5-1102, the court shall hold a hearing to review an order of community placement or, if there is no objection by a 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 (3), the reviewing entity shall determine whether:

(I) Continued community placement is in the best interests of the juvenile and the community;

(II) The juvenile's safety is protected in the community placement;

(III) Reasonable efforts have been made to return the juvenile to the home or the juvenile should be permanently removed from the home;

(IV) Continued community placement is necessary and appropriate;

(V) There has been compliance with the juvenile's case plan;

(VI) Progress has been made toward alleviating or mitigating the causes that necessitated the community placement; and

(VII) There is a date projected by which the juvenile will be returned and safely maintained in the home, placed for legal guardianship, or placed in a planned permanent living arrangement.

(b) If the juvenile resides in an out-of-state placement, the entity conducting the review shall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the juvenile.

(4) (a) If the juvenile is in the legal custody of a county department 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 county department's supervision shall conduct a permanency hearing within 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 determine whether:

(I) Continued community placement is in the best interests of the juvenile and the community;

(II) The juvenile's safety is protected in the community placement;

(III) Reasonable efforts have been made to finalize the juvenile's permanency plan that is in effect at that time;

(IV) Continued community placement is necessary and appropriate;

(V) There has been compliance with the juvenile's case plan;

(VI) Progress has been made toward alleviating or mitigating the causes that necessitated the community placement;

(VII) There is a date projected by which the juvenile will be returned and safely maintained in the home, placed for legal guardianship, or placed in a planned permanent living arrangement; and

(VIII) Procedural safeguards to preserve parental rights have been applied in connection with the removal of the juvenile from the home, any change in the juvenile's community placement, or any determination affecting family time.

(b) If the juvenile resides in an out-of-state placement, the entity conducting the review shall make a determination that the out-of-state placement continues to be appropriate and in the best interests of the juvenile.

(c) The entity conducting the permanency hearing shall consult with the juvenile, in an age-appropriate manner, concerning the juvenile's permanency plan.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 649, § 2, effective October 1. L. 2023: IP(4)(a) and (4)(a)(VIII) amended, (HB 23-1027), ch. 284, p. 1681, § 11, effective June 1.

Editor's note: This section is similar to former § 19-2-906.5 as it existed prior to 2021.

Cross references: For the legislative declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.