2020 Colorado Revised Statutes
Title 19 - Children's Code
Article 5. Relinquishment and Adoption
Section 19-5-208. Petition for adoption.

(1) The petition for adoption shall be filed not later than thirty-five days after the date on which the child is first placed in the home of the adoptive applicants for the purpose of adoption unless the court finds that there was reasonable cause or excusable neglect for not filing the petition. The court shall then fix a date for the hearing.

(2) Every petition for adoption of a child shall be verified by the petitioner and shall be entitled substantially as follows: "In the matter of the petition of .......... for the adoption of a child." It shall contain:

1. The name, date and place of birth, race, and place of residence of each petitioner,including the maiden name of the adopting mother, and the date of marriage, if any, of the petitioners;

2. The name, date and place of birth, and place of residence, if known by the petitioner,of the child to be adopted;

3. The relationship, if any, of the child to the petitioner;

4. The full name by which the child shall be known after adoption;

5. The full description of the property, if any, of the child;

6. The names of the parents of the child, and the address of each living parent, if knownto the petitioner;

7. The names and addresses of the guardian of the person and the guardian of the estateof the child, if any have been appointed;

8. The name of the agency or person to whom the custody of the child has been givenby proper order of court;

9. The length of time the child has been in the care and custody of the petitioner;

10. Names of other children, both natural and adopted and both living and dead, of theadopting parents;

11. The residence and occupation of each petitioner at or about the time of the birth ofthe child.

(2.5) (a) Pursuant to the provisions of section 19-1-126, the petition for adoption must:

1. Include a statement indicating what continuing inquiries the county department ofhuman or social services or child placement agency has made in determining whether the child who is the subject of the proceeding is an Indian child;

2. Identify whether the child is an Indian child; and

3. Include the identity of the Indian child's tribe, if the child is identified as an Indianchild.

(b) If notices were sent to the parent or Indian custodian of the child and to the Indian child's tribe, pursuant to section 19-1-126, the postal receipts, or copies thereof, shall be attached to the petition for adoption and filed with the court or filed within ten days after the filing of the petition for adoption, as specified in section 19-1-126 (1)(c).

3. If the adoption placement is made by the county department of human or social services or a child placement agency, the information required in subsections (2)(b) and (2)(f) of this section must not be included in the petition but transmitted to the court as part of the home study report required in section 19-5-207.

4. The petition shall be accompanied by a standardized affidavit form prescribed by thejudicial department disclosing any and all fees, costs, or expenses charged or to be charged by any person or agency in connection with the adoption.

5. In all stepparent, second parent, custodial, and kinship adoptions, the petition shallcontain a statement informing the court whether the prospective adoptive parent was convicted at any time by a court of competent jurisdiction of a felony or misdemeanor in one of the following areas: Child abuse or neglect; spousal abuse; any crime against a child; any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; violation of a protection order, as described in section 18-6-803.5, C.R.S.; any crime involving violence, rape, sexual assault, or homicide; or any felony physical assault or battery. In addition, the petitioner shall attach to the petition a current criminal history records check paid for by the petitioner.

6. In all custodial and kinship adoptions, the petition must contain a statement that thepetitioner has consulted with the appropriate local county department of human or social services concerning the possible eligibility of the petitioner and the child for temporary assistance for needy families (TANF), medicaid, subsidized adoption, and other services or public assistance administered by the county department of human or social services.

Source: L. 87: Entire title R&RE, p. 808, § 1, effective October 1. L. 97: (4) amended, p. 1165, § 9, effective July 1. L. 99: (3) amended, p. 1025, § 8, effective May 29; (5) and (6) added, p. 1063, § 5, effective June 1. L. 2002: (2.5) added, p. 788, § 9, effective May 30. L. 2004: (5) amended, p. 328, § 1, effective July 1. L. 2007: (5) amended, p. 838, § 2, effective August 3. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 880, § 141, effective July 1. L. 2018:

IP(2.5)(a), (2.5)(a)(I), (3), and (6) amended, (SB 18-092), ch. 38, p. 432, § 74, effective August 8.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-4110 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration contained in the 2002 act enacting subsection (2.5), see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.