E.  Kinship Care

C.R.S. § 19-3-508(1)(b) and (3)(b.5) and (5)(b)
42 U.S.C.A.  671(a)(19)
Placement with a relative is preferred over foster care if such placement is in the child’s best interests. 

C.R.S. § 19-1-115(1)(a)
The court may give preference to a grandparent who is appropriate, capable, willing and available to care for the child. 

C.R.S. § 19-1-117.7
The court must consider any credible evidence of past abuse or neglect by the grandparent. Credible evidence includes medical, school, police, central registry and court records. 

C.R.S. § 19-1-117
The court may also grant the grandparent visitation unless parental rights are terminated.

Children may live with relatives under various legal arrangements. The court should choose the legal option carefully, because it affects DHS’ ability to supervise, offer services, reunify with parents, and free a child for adoption.

Under the placement option, the court transfers custody to DHS, and DHS places the child with a relative. The placement option gives DHS more authority to protect the child and a clear duty to work toward reunification. DHS may pay the relative under this option.

Under the temporary custody option, the court transfers temporary custody to a relative. Under this option, DHS must return to court to remove the child if the relative home becomes unsafe. DHS may only supervise the placement if the court orders it. The court should make sure the relative will cooperate with the reunification plan. DHS  may be able to pay the relative under this option.

C.R.S. § 14-10-131(2)
Under the permanent custody option, the court makes the relative the child’s legal custodian. It does not require termination of the parent-child legal relationship. This option, however, is not as permanent as adoption. The parent may request modification under changed circumstances. The parent must show the relative agrees with the change, the child has been integrated into the parent’s family with the relative’s consent or the present environment endangers the child’s physical health or significantly impairs the child’s emotional development. Adoption subsidies are not available.

Under the guardianship option, the court makes the relative the child’s guardian. This option does not require termination. The guardianship may be terminated, however, so this option is not as permanent as adoption. Adoption subsidies are not available.

Under the adoption option, the court allows the relative to adopt the child. This option requires termination of the parent-child legal relationship. This is the most permanent option. Adoption subsidies are available.

C.R.S. § 19-5-203(1)(j)
Colorado also has a special process called kinship adoption, which expedites an adoption when the birth parents have abandoned and failed to support a child living with relatives for more than one year. 

C.R.S. § 19-1-103(71.5)
For more information
However, this process may only be used if there is no D&N case pending.

C.R.S. § 19-5-210(4)
The court may not grant a relative adoption if the relative has ever been convicted of a felony in the area of child abuse or neglect, spousal abuse, a crime against a child, or a violent crime such as rape, sexual assault, or homicide. The court should require a criminal background check at the earliest possible time. If the criminal background check reveals a criminal conviction in any of the above areas, the court should look for a different adoptive placement or permanent living arrangement.