Colorado Code
Part 1 - General Provisions
§ 19-1-103. Definitions

As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:

(107) "Placement out of the home" means placement for twenty-four-hour residential care in any facility or center operated or licensed by the department of human services, but "placement out of the home" does not include any placement that is paid for totally by private money or any placement in a home for the purposes of adoption in accordance with section 19-5-205. "Placement out of the home" may be voluntary or court ordered. "Placement out of the home" includes independent living.
(108) (a) "Post-adoption record", as used in part 3 of article 5 of this title 19, means information contained in the files subsequent to the completion of an adoption proceeding.
(b) The post-adoption record may contain information concerning but not limited to:

(109) "Prevention program", as used in article 3.5 of this title 19, means a program of direct child abuse prevention services to a child, parent, or guardian and includes research or education programs related to the prevention of child abuse. Such a prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk.
(110) "Protective supervision" means a legal status created by court order under which the child is permitted to remain in the child's home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court.
(111) "Public adoption", as used in part 2 of article 5 of this title 19, means an adoption involving a child who is in the legal custody and guardianship of the county department of human or social services that has the right to consent to adoption for that child.
(112) "Qualified individual" means a trained professional or licensed clinician, as defined in the federal "Family First Prevention Services Act". "Qualified individual" must be approved to serve as a qualified individual according to the state plan. "Qualified individual" must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth and making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.
(113) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal "Family First Prevention Services Act", 42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child required in section 19-1-115 (4)(e)(I).
(114) "Reasonable efforts", as used in articles 1, 2.5, 3, and 7 of this title 19, means the exercise of diligence and care throughout the state of Colorado for children and youth who are in foster care or out-of-home placement or are at imminent risk of foster care or out-of-home placement. In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required to prevent unnecessary placement of a child or youth outside of a child's or youth's home or to foster the safe reunification of a child or youth with a child's or youth's family, as described in section 19-3-208, or whether it is appropriate to find and finalize an alternative permanent plan for a child or youth, and in making reasonable efforts, the child's or youth's health and safety are the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (114). Nothing in this subsection (114) is construed to conflict with federal law.
(115) "Recipient", as used in article 3.5 of this title 19, means and is limited to a nonprofit or public organization that receives a grant from the trust fund created in section 19-3.5-105.
(116) "Record", as used in section 19-4-106 and section 19-4.5-108, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(117) "Register of actions" means those portions of the electronic case management system necessary to carry out a statutory purpose or the duties of a court appointment.
(118) "Repeat juvenile offender" is described in section 19-2.5-1125.
(119) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parent after legal custody, guardianship of the person, or both, have been vested in another person, agency, or institution, including but not limited to the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child's religious affiliation.
(120) "Responsible person", as used in part 3 of article 3 of this title 19, means a child's parent, legal guardian, or custodian or any other person responsible for the child's health and welfare. (121) "Restorative justice" has the same meaning as set forth in section 19-2.5-102.
(122) "Reunited parties", as used in section 19-5-305, means any two persons who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304 (1)(b)(I).
(123) "School", as used in sections 19-1-303 and 19-1-304, means a public or parochial or other nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. "Basic academic education" has the same meaning as set forth in section 22-33-104 (2)(b).
(124) "Sexual assault", as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means:
(a) "Sexual assault", as defined in section 18-3-402;
(b) "Sexual assault on a child", as defined in section 18-3-405;

(125) "Sexual conduct", as used in section 19-3-304 (2.5), means any of the following:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation; or
(d) Sexual sadomasochistic abuse.
(126) "Shelter" means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement.
(127) "Sibling group", as used in articles 3 and 5 of this title 19, means biological siblings.
(128) "Special county attorney", as used in article 3 of this title 19, means an attorney hired by a county attorney or city attorney of a city and county or hired by a county department of human or social services with the concurrence of the county attorney or city attorney of a city and county to prosecute dependency and neglect cases.
(129) "Special respondent", as used in article 3 of this title 19, means any person who is not a parent, guardian, or legal custodian and who is voluntarily or involuntarily joined in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan and for the grounds outlined in sections 19-3-502 (6) and 19-3-503 (4).
(130) "Spousal equivalent" means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent.
(131) "Standardized behavioral or mental health disorder screening" means the behavioral or mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102.
(132) "State board", as used in part 3 of article 3 of this title 19, means the state board of human services.
(133) "State department", as used in section 19-3-211, part 3 of article 3 of this title 19, article 3.3 of this title 19, and part 3 of article 7 of this title 19, means the department of human services created in section 24-1-120.
(134) "State registrar" means the state registrar of vital statistics in the department of public health and environment.
(135) "Status offense" has the same meaning as is defined in federal law in 28 CFR 31.304, as amended.
(136) "Stepparent" means a person who is married to a parent of a child but who has not adopted the child.
(137) "Temporary holding facility" means an area used for the temporary holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area that houses adult offenders.
(138) "Temporary shelter" means the temporary placement of a child with kin, as defined in subsection (91) of this section; with an adult with a significant relationship with the child; or in a licensed and certified twenty-four-hour care facility.
(139) "Termination of the parent-child legal relationship", as used in articles 3 and 5 of this title 19, means the permanent elimination by court order of all parental rights and duties, including residual parental rights and responsibilities, as provided in section 19-3-608.
(140) "Third-party abuse", as used in part 3 of article 3 of this title 19, means a case in which a child is subjected to abuse, as defined in subsection (1) of this section, by any person who is not a parent; stepparent; guardian; legal custodian; spousal equivalent, as defined in subsection (130) of this section; or any other person not included in the definition of "intrafamilial abuse", as defined in subsection (87) of this section.
(141) "Trauma-informed" refers to the services to be provided to or on behalf of a child or youth under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma's consequences and facilitate healing.
(142) "Trust fund", as used in article 3.5 of this title 19, means the Colorado child abuse prevention trust fund created in section 19-3.5-105.
(143) "Updated medical history statement" means a written narrative statement dated and signed by a birth parent about the medical history of the birth parent or other biological relatives of the adoptee that can be voluntarily submitted by the birth parent to the state registrar for future disclosure to the birth parent's adult child who is an adult adoptee or an adult descendant of the adoptee or legal representative of such person in accordance with the provisions of section 19-5-305 (1.5).
(144) (a) "Victim", as used in this title 19 and except as provided in subsection (144)(b) of this section, has the same meaning as set forth in section 19-2.5-102.
(b) "Victim", as used in section 19-5-105.5, means any natural person against whom a crime of sexual assault or a crime in which the underlying factual basis was sexual assault is perpetrated or is alleged to have been perpetrated.
(145) "Youth" means an individual who is less than twenty-one years of age.

Source: L. 87: Entire title R&RE, p. 696, § 1, effective October 1. L. 88: (11.5) added, p. 748, § 1, effective March 18; (3) amended, p. 741, § 1, effective July 1; (3.5) added, p. 750, § 1, effective July 1. L. 89: (27) added, p. 926, § 1, effective April 23. L. 90: (9.5)(b) amended, p. 1011, § 3, effective July 1. L. 91: (12.5) added, p. 263, § 5, effective May 31. L. 92: (2.5) added, p. 220, § 2, effective July 1. L. 93: (22) amended, p. 1134, § 64, effective July 1, 1994. L. 94: (12.3) added, p. 910, § 5, effective April 28; (2.5), (5), (12), (20), and (23) amended, p. 2658, § 144, effective July 1. L. 96: Entire section R&RE, p. 68, § 1, effective March 20; (34.3) and (34.5) added, p. 1089, § 1, effective May 23; (49) amended and (51.5) added, p. 264, § 13, effective July 1; (66) amended, p. 265, § 15, effective July 1; (1)(b), (2), (12), (30), (36), (44), (45), (46), (47), (50), (52), (53), (61), (69), (82)(b), (83), (84), (88), (92), (95), (96), and (105) amended and (40.5), (94.5), and (101.5) added, p. 1684, § 12, effective January 1, 1997; (48) amended and (16.5) and (77.5) added, p. 1174, § 10, effective January 1, 1997; (112) added, p. 1783, § 12, effective January 1, 1997. L. 97: (1), (23), (25), and (57) amended, p. 1431, § 6, effective July 1; (8) and (37) amended and (61.5) added, p. 1167, § 14, effective July 1; (32)(a) amended, p. 150, § 2, effective July 1. L. 98: (51.3) added and (89) amended, p. 1417, § 2, effective July 1; (82)(b) amended, p. 1404, § 60, effective February 1, 1999. L. 99: (87.5) added, p. 1025, § 6, effective May 29; (34.7) and (71.5) added and (107) amended, pp. 1061, 1062, §§ 1, 2, effective June 1; (6.5), (28.5), (63.5), and (85.5) added and (28) amended, p. 1129, § 1, effective July 1; (24.5) added, p. 908, § 2, effective July 1; (112) amended, p. 624, § 21, effective August 4. L. 2000: (10.5), (34.6), and (94.3) added, p. 320, § 7, effective April 7; (29.5) added, p. 1723, § 6, effective June 1; (94.3) added, p. 1965, § 9, effective June 2; (14) and (32)(a) amended and (98.5) added, p. 474, § 1, effective July 1; (28.5) and (63.5) amended and (73.5) and (94.2) added, p. 1367, § 1, effective July 1. L. 2001: (5) and (89) amended and (83.5) added, p. 841, § 2, effective June 1; (1)(b) and (27) amended, p. 853, § 1, effective July 1. L. 2002: (1)(a)(II) amended, p. 568, § 1, effective May 24; (76) and (77) amended and (101.7) added, p. 574, § 4, effective May 24; (65.3), (65.5), and (65.7) added, p. 783, § 2, effective May 30; (1)(a)(II) amended, p. 1192, § 43, effective July 1; (1)(a)(II) amended, p. 1592, § 29, effective July 1. L. 2003: (48) amended, p. 1991, § 32, effective May 22; (1)(a) amended, p. 819, § 1, effective July 1; (44.5) and (91.5) added, p. 1266, § 54, effective July 1; (1)(b) and (72) amended, pp. 1622, 1619, §§ 36, 28, effective August 6; (29.5) repealed, p. 1401, § 5, effective January 1, 2004. L. 2004: (19.5) added, p. 807, § 2, effective May 21; (78.5) added, p. 430, § 3, effective July 1. L. 2005: (1)(a)(VII) added, p. 587, § 1, effective July 1; (6.7), (28.6), (28.7), (103.5), and (111.5) added and (9) and (13) amended, p. 991, § 3, effective July 1. L. 2006: (103.7) added and (106) amended, p. 256, § 1, effective March 31; (51.3) amended, p. 507, § 1, effective April 18. L. 2007: (30) amended, p. 1506, § 2, effective May 31. L. 2008: (44) amended and (94.1) added, p. 225, § 1, effective March 31; (31.5) and (91.7) added, p. 1241, § 2, effective August 5. L. 2010: (76) amended, (SB 10-175), ch. 188, p. 788, § 36, effective April 29; (32) and (103) amended and (47.5) added, (SB 10-171), ch. 225, p. 981, § 2, effective May 14; (22) amended, (HB 10-1422), ch. 419, p. 2074, § 34, effective August 11. L. 2011: (44) amended, (HB 11-1032), ch. 296, p. 1404, § 9, effective August 10. L. 2013: (29.3) and (96.5) added and (112) amended, (SB 13-227), ch. 353, p. 2056, § 1, effective July 1; (44) amended, (HB 13-1254), ch. 341, p. 1982, § 3, effective August 7; (58) amended, (HB 13-1314), ch. 323, p. 1804, § 31, effective March 1, 2014. L. 2014: (56.5) added, (HB 14-1362), ch. 374, p. 1787, § 1, effective June 6; (28.7) amended and (35.3) added, (SB 14-051), ch. 260, p. 1047, § 2, effective July 1; IP(96.5) amended, (HB 14-1162), ch. 167, p. 594, § 9, effective July 1; (35.3) added, (HB 14-1042), ch. 261, p. 1050, § 1, effective August 6. L. 2015: IP(6.5)(a) and (6.5)(b) amended and (6.5)(a.5) added, (HB 15-1106), ch. 59, p. 141, § 1, effective March 30; (32) amended and (71.3) and (78.7) added, (SB 15-087), ch. 263, p. 1011, § 7, effective June 2; (35.3)(a) amended, (HB 15-1355), ch. 311, p. 1275, § 4, effective June 5. L. 2016: (32)(b) amended, (HB 16-1316), ch. 127, p. 363, § 2, effective August 10; (1)(a)(VIII) and (23.5) added, (HB 16-1224), ch. 101, p. 290, § 1, effective January 1, 2017. L. 2017: IP and (101.7) amended, (SB 17-242), ch. 263, p. 1309, § 148, effective May 25; IP and (69) amended and (113) added, (HB 17-1329), ch. 381, pp. 1972, 1962, §§ 27, 3, effective June 6; IP and (100) amended, (SB 17-177), ch. 118, p. 418, § 1, effective August 9. L. 2018: (34.7) amended and (34.8) and (44.7) added, (SB 18-154), ch. 161, p. 1123, § 1, effective April 25; (42.5) added, (HB 18-1104), ch. 164, p. 1134, § 4, effective April 25; (66) amended, (HB 18-1346), ch. 326, p. 1964, § 2, effective May 30; (36) amended, (HB 18-1156), ch. 378, p. 2288, § 6, effective August 8; (51.3), (65), (69), (87.5), and (99) amended, (SB 18-092), ch. 38, p. 406, § 28, effective August 8. L. 2019: IP(1)(a), (1)(a)(VIII), and (23.5) amended and (62.5) and (62.6) added, (SB 19-185), ch. 147, p. 1765, § 2, effective May 6; (44) and (94.1) amended and (106.5) added, (SB 19-108), ch. 294, p. 2694, § 2, effective July 1; (51.7), (87.7), (87.9), and (109.5) added, (HB 19-1308), ch. 256, p. 2458, § 3, effective August 2; (98.5) amended, (HB 19-1288), ch. 216, p. 2234, § 1, effective August 2. L. 2020: (1)(a)(VII) amended, (SB 20-028), ch. 186, p. 853, § 4, effective June 30; (87.9) amended, (HB 20-1402), ch. 216, p. 1048, § 33, effective June 30; (71.3) and (87.7) amended, (SB 20-162), ch. 221, p. 1087, § 2, effective July 2. L. 2021: (116) amended, (HB 21-1022), ch. 103, p. 417, § 2, effective May 6; (43), (62), (66), (114), and (133) amended, (HB 21-1094), ch. 340, p. 2214, § 2, effective June 25; (47) repealed, (HB 21-1315), ch. 461, p. 3313, § 17, effective July 6; (18), (115), and (142) amended, (HB 21-1248), ch. 335, p. 2167, § 3, effective September 7; entire section R&RE, (SB 21-059), ch. 136, p. 753, § 144, effective October 1.

Cross references: (1) For the legislative declaration contained in the 1999 act enacting subsection (24.5), see section 1 of chapter 233, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending subsections (5) and (89) and enacting subsection (83.5), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration contained in the 2002 act enacting subsections (65.3), (65.5), and (65.7), see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative declaration contained in the 2003 act repealing subsection (29.5), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration contained in the 2004 act enacting subsection (78.5), see section 1 of chapter 140, Session Laws of Colorado 2004. For the legislative declaration contained in the 2007 act amending subsection (30), see section 1 of chapter 351, Session Laws of Colorado 2007. For the short title ("Heritage Act") and the legislative declaration in HB 15-1355, see section 1 of chapter 311, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1156, see section 1 of chapter 378, Session Laws of Colorado 2018. For the legislative declaration in SB 19-185, see section 1 of chapter 147, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.
(2) For the "Family First Prevention Services Act", see Pub.L. 115-123.