D.  Deciding Alternatives

42 U.S.C.A. § 671(a)(15)(A)
45 C.F.R. § 1356.21
C.R.S. § 19-3-702(4)

State and federal law provide five permanent placement options for children. It is preferable to include concurrent permanency plans in case one should fail. The health and safety of the child is the paramount concern in making the placement decision.

C.R.S. § 19-3-702
1.  Return Child to Parent or Guardian

If a parent is working diligently on reunification, return home is the preferred option. Questions on whether to return the child to the parent or guardian include:

  • Have all services been explored and offered that would enable the parent or guardian to care for the child safely?
  • Has all relevant information about the case been collected, including updated treatment records and recommendations from treatment providers?
  • Does the child have special needs requiring additional services that may be provided in the home of the child’s parent or guardian?
C.R.S. § 19-3-604
2.  Termination of Parental Rights



If a child cannot be safely returned home, adoption is the preferred placement, because it gives the child a sense of belonging to a stable family, it ends the need for DHS oversight, and it is the most permanent option. Questions on whether to place the child for adoption include:
  • Is adoption suitable for this child?
  • To what degree is the child bonded with the biological parent?
  • Does the child wish to be adopted?
  • Have all relatives been explored?
  • Have caretakers received adoption counseling as assistance?
  • Is open adoption available and appropriate to allow ongoing contact with the biological parent?
C.R.S. § 19-1-103(60)
3.  Guardianship

Guardianship allows a person to make major life decisions affecting a child. This allows the guardian to have complete control of the child’s care without DHS oversight. Guardianship is preferred when the child has bonded with a caretaker, but the caretaker does not want to adopt the child, or it would harm the child to terminate parental rights and pursue and adoption. Questions on whether to place the child in a guardianship include:

  • Did DHS do a criminal records/central registry check on the relative?
  • Does the relative understand the child is not returning to parents?
  • Is the relative willing to commit to care for the child until age 18?
  • Can the relative meet the child’s special needs?
  • Can siblings be placed together with the relative?
  • If the child is old enough, what are the child’s wishes?
  • If it is in the child’s best interests, can the parents visit?
  • If parental contact is detrimental, can the relative prevent such contact?
  • Does the relative need financial assistance to care for the child?
In re Parental Responsibilities of M.J.K., ___ P.3d ___ (Colo. App., Nov. 13, 2008)
Application of the statutory standards for terminating guardianships and modifying allocations of parental responsibility does not violate a parent’s fundamental right to parent a child.

C.R.S. § 14-10-124
4.  Allocation of Parental Responsibilities

A juvenile court may allocate parental responsibilities, parenting time, and child support matters. Questions on whether to allocate parental responsibilities include:

  • Is the decision not to do an adoption or guardianship fully informed, including understanding of the protections that adoption or guardianship would confer?
  • What is the quality and nature of the adult’s relationship to the child?
  • Are the relatives fully committed to providing a permanent, stable placement for the child?
  • How do they plan to integrate the child into their family?
  • What type of contact would they allow with the natural parent?
  • Is this the best caretaker for the child?
  • Has there been ongoing visitation with the child?
People in the Interest of C.M., 116 P.3d 1278 (Colo. App. 2005)
An award of permanent custody to a non-parent may be made even if a parent is not found to be unfit.

Cecelia Fiermonte, Reasonable Efforts under ASFA:  The Judge’s Role in Determining the Permanency Plan, ABA Child Law Practice,  Vol. 20, No. 2, April 2001
 5.  Other Planned Permanent Living Arrangements

An alternate planned permanent living arrangement is meant to be a permanent placement for the child. This option is appropriate when there is a specific, long-term placement for the child.  Long-term foster care is not an option under state or federal law. This option requires ongoing court reviews. Each review hearing should continue to rule out other permanent living options. Questions include:

  • Have all resources for the child been exhausted, such as attempts made to locate appropriate relatives or other people willing to care for the child on a long-term basis?
  • If the child needs to be in a residential setting, are the child’s needs so great that no permanent family setting would be appropriate?
  • Would additional services allow the child to move into a family setting?
C.R.S. § 19-3-702(2.7)
This option may be appropriate for children who need group, restrictive, institutional, or residential care over an extended period of time.

It is not permissible to delay permanency planning for any child just to keep children together as a sibling group.


42 U.S.C.A. § 675(5)(C)
If all other permanency options are not in the child’s best interests, the court should consider permanent custody with an unrelated adult.

“Permanent” or “long-term” foster care is all too often not permanent or long-term.  In some cases, typically when adolescents enter foster care or when a child is placed because of severe developmental disabilities, foster care is an appropriate long-term goal. It is particularly appropriate if the child has developed a connection to the foster parent, and the foster parent will not adopt or accept permanent custody. However, such permanency goals should be accepted only if there is no other possibility a child can be connected to a caring family.