19-1-102. Legislative declaration.
531 words·~2 min read·
/co/title-19-children-s-code/article-1-general-provisions/19-1-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The general assembly declares that the purposes of this title are:
(a)To secure for each child subject to these provisions such care and guidance, preferably in his own home, as will best serve his welfare and the interests of society;
(b)To preserve and strengthen family ties whenever possible, including improvement of home environment;
(c)To remove a child from the custody of his parents only when his welfare and safety or the protection of the public would otherwise be endangered and, in either instance, for the courts to proceed with all possible speed to a legal determination that will serve the best interests of the child; and
(d)To secure for any child removed from the custody of his parents the necessary care, guidance, and discipline to assist him in becoming a responsible and productive member of society.
(1.5)
(a)The general assembly declares that it is in the best interests of the child who has been removed from his own home to have the following guarantees:
(I)To be placed in a secure and stable environment;
(II)To not be indiscriminately moved from foster home to foster home; and
(III)To have assurance of long-term permanency planning.
(b)(Deleted by amendment, L. 92, p. 220, § 1, effective July 1, 1992.)
(1.6) The general assembly recognizes the numerous studies establishing that children undergo a critical bonding and attachment process prior to the time they reach six years of age. Such studies further disclose that a child who has not bonded with a primary adult during this critical stage will suffer significant emotional damage which frequently leads to chronic psychological problems and antisocial behavior when the child reaches adolescence and adulthood. Accordingly, the general assembly finds and declares that it is appropriate to provide for an expedited placement procedure to ensure that children under the age of six years who have been removed from their homes are placed in permanent homes as expeditiously as possible.
(1.7) The general assembly further declares that it is the intent of the general assembly to have the media and the courts refrain from causing undue hardship, discomfort, and distress to any juvenile victims of sexual assault, child abuse, incest, or any offenses listed in wrongs to children pursuant to part 4 of article 6 of title 18, C.R.S., by not disseminating or publishing the names of such victims.
(1.9) The federal "Family First Prevention Services Act" was enacted on February 9, 2018. In order to comply with the provisions of the federal "Family First Prevention Services Act", the general assembly finds that it is necessary to update current statutes to enable Colorado to provide enhanced support to children, juveniles, or youth, and their families in order to prevent foster care placements. The state department of human services shall implement the updated provisions in this title 19 utilizing prevention services and qualified residential treatment programs when the federal government approves Colorado's five-year Title IV-E prevention plan, and subject to available general fund appropriations or federal funding.
(2)To carry out these purposes, the provisions of this title shall be liberally construed to serve the welfare of children and the best interests of society.