Colo. Rev. Stat. § 19-1-126

Colorado Revised Statutes

Title 19. Children's Code

Article 1. General Provisions

Part 1. General Provisions


§ 19-1-126. Compliance with the federal "Indian Child Welfare Act"


(1) Commencing thirty days after May 30, 2002, in each case filed pursuant to this title to which the terms of the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901, et seq., apply, including but not limited to certain juvenile delinquency proceedings, dependency or neglect proceedings, termination of parental rights proceedings, and pre-adoptive and adoption proceedings, the petitioning or filing party shall:


(a) Make continuing inquiries to determine whether the child who is the subject of the proceeding is an Indian child and, if so, shall determine the identity of the Indian child's tribe;


(b) If the petitioning or filing party knows or has reason to believe that the child who is the subject of the proceeding is an Indian child, send notice by registered mail, return receipt requested, to the parent or Indian custodian of such child, to the tribal agent of the Indian child's tribe as designated in title 25 of the code of federal regulations, part 23, or, if such agent has not been designated, to the highest-elected or highest-appointed official of the Indian child's tribe, to the highest-elected or highest-appointed tribal judge of the Indian child's tribe, and to the social service department of the Indian child's tribe; and


(c) Disclose in the complaint, petition, or other commencing pleading filed with the court that the child who is the subject of the proceeding is an Indian child and the identity of the Indian child's tribe or what efforts the petitioning or filing party has made in determining whether the child is an Indian child. If the child who is the subject of the proceeding is determined to be an Indian child, the petitioning or filing party shall further identify what reasonable efforts have been made to send notice to the persons identified in paragraph (b) of this subsection (1). The postal receipts indicating that notice was properly sent by such petitioning or filing party to the parent or Indian custodian of the Indian child and to the Indian child's tribe shall be attached to the complaint, petition, or other commencing pleading filed with the court; except that, if notification has not been perfected at the time the initial complaint, petition, or other commencing pleading is filed with the court or if the postal receipts have not been received back from the post office, the petitioning or filing party shall identify such circumstances to the court and shall thereafter file the postal receipts with the court within ten days after the filing of the complaint, petition, or other commencing pleading.


(2) In any of the cases identified in subsection (1) of this section in which the initial complaint, petition, or other commencing pleading does not disclose whether the child who is the subject of the proceeding is an Indian child, the court shall inquire of the parties at the first hearing whether the child is an Indian child and, if so, whether the parties have complied with the procedural requirements set forth in the federal "Indian Child Welfare Act", 25 U.S.C. sec. 1901, et seq.


(3) The state department of human services and the county departments of social services are encouraged to work cooperatively in the sharing of information that any of such agencies obtains or receives concerning any federally recognized tribal entities existing outside the state of Colorado, including but not limited to information about the appropriate person from any such tribal entity to contact with the notice prescribed by this section.


(4)(a) In any of the cases identified in subsection (1) of this section involving an Indian child, in determining whether to transfer such a case to a tribal court, the court is encouraged to consider the following guidelines:


(I) The court may find that good cause exists to deny a transfer of the proceeding to the tribal court if the Indian child's tribe does not have a tribal court; or


(II) The court may find that good cause exists to deny a transfer of the proceeding to the tribal court if:


(A) Either of the Indian child's parents objects to such a transfer; or


(B) The proceeding was at an advanced stage when the petition to transfer the proceeding to the tribal court was received from the Indian child's tribe and the petitioning party did not file the petition to transfer to the tribal court promptly after receiving the notice of hearing.


(b) The burden of proof under this subsection (4) shall be on the party opposing a transfer of the case.


CREDIT(S)


Added by Laws 2002, Ch. 217, § 3, eff. May 30, 2002

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