Colorado § 26-7-102 - Definitions.

§ 26-7-102. Definitions.

As used in this article 7, unless the context otherwise requires:

(1) "Agreement" means an adoption assistance agreement negotiated and entered into pursuant to section 26-7-107.

(2) "Anticipated needs" means those needs that are reasonably foreseeable and as defined in the eligibility criteria listed in subsection (8) of this section that are known at the time of finalization of the adoption. Consideration of these anticipated needs and services are part of the good-faith negotiation of the amount of the adoption assistance payment and services and must comply with the funding requirements in section 26-7-103.

(3) "Benefit" means any subsidy or service available to adoptive families pursuant to this article 7, including monthly subsidy payments. These payments must not include payments for services that are reasonably accessible and can be funded through other public or private sources, including but not limited to social security and medicaid, as required in 20 U.S.C. sec. 1440.

(4) "Child placement agency" means any entity that, pursuant to the requirements in section 26-6-903, may place, facilitate placement, or arrange for the placement of an eligible child or youth for the purpose of adoption, treatment, or foster care. Only eligible children or youth who are placed by a county department or through a child placement agency that is designated as a nonprofit entity and licensed by the state department are eligible to receive benefits pursuant to this article 7.

(5) "Circumstances of the family" means the capacity of the family, including but not limited to financial capacity, to meet the anticipated needs of the eligible child or youth.

(6) "County department" means a county department of human or social services.

(7) "Dissolved adoption" means an adoption in which the legal relationship between the adoptive parents and adoptive child or youth is severed, either voluntarily or involuntarily, after the adoption is legally finalized. This may result in the child or youth's return to, or entry into, foster care.

(8) "Eligible child or youth" means a child or youth who meets the medical and disability requirements for federal supplemental security income 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. Such factors may include but are not limited to:

(a) 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;

(b) 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;

(c) 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;

(d) Hereditary factors that have been documented by a licensed medical provider or mental health professional;

(e) 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;

(f) Factors that place a child or youth in a "high-risk" category, such as being drug- or alcohol-exposed in utero;

(g) 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

(h) Ethnic background or membership in a minority group whose children or youth might be difficult to place.

(9) "Program" means the adoption assistance program created in section 26-7-103.

(10) "Services" means any benefits other than monthly subsidy payments that a family may receive as part of an agreement.

(11) "State department" means the state department of human services.

(12) "Subsidy" refers exclusively to monthly cash payments that are provided to eligible families as part of an agreement.

(13) "Title IV-E" refers to federal funds administered through the social security act to support states' programs, including but not limited to foster care, adoption assistance, and guardianship assistance.

Source: L. 2019: Entire article R&RE, (SB 19-178), ch. 180, p. 2041, § 1, effective August 2. L. 2022: (4) amended, (HB 22-1295), ch. 123, p. 859, § 104, effective July 1.

ANNOTATION

Annotator's note. Since § 26-7-102 is similar to § 26-7-101 as it existed prior to the 2019 repeal and reenactment of this article, a relevant case construing that provision has been included in the annotations to this section.

"Other condition" language in definition of "special needs" in subsection (2) allows consideration of the disabilities or conditions enumerated in the federal statute but not explicitly included in the state statute or regulation and, therefore, the statutory and regulatory definitions are not preempted by federal law. Sapp v. El Paso County Dept. of Human Servs., 181 P.3d 1179 (Colo. App. 2008).

A totality of the circumstances test should be applied to determine whether "serious barriers to adoption" exist. Under this test, both subjective and objective factors must be considered on an individualized basis. Sapp v. El Paso County Dept. of Human Servs., 181 P.3d 1179 (Colo. App. 2008).