E.  Required Findings

C.R.S. § 19-3-702(3)
The court may return the child home, finding the placement is no longer in the best interests of the child and community. 

C.R.S. § 19-1-115(4)(b)
The court must state the reasons in the order.

C.R.S. § 19-3-702(3)
The court may continue placement. It must find a substantial probability that return home may be achieved within six months.  The court must estimate the date for return, and set a second permanency hearing within six months.

C.R.S. § 19-3-702(4)


C.R.S. § 19-3-702(3) and (3.5)
If the court finds there is not a substantial probability the child will be returned home within six months, it must determine the placement goal for the child.

If the court continues the child’s placement out of the home, it must make the following findings:

  • Whether procedural safeguards with respect to parental rights have been applied in connection with any change  in the child’s placement or any determination affecting parental visitation of the child;
  • Whether reasonable efforts have been made to find a safe and permanent placement for the child;
  • Whether reasonable efforts have been made to finalize the permanency plan that is in effect at the time of the permanency hearing;
  • Whether any out-of-state placement continues to be appropriate and in the best interests of the child;
  • Whether the permanency plan includes independent living services if the child is sixteen years or older.
C.R.S. § 19-3-702(2.5)
If the case is an expedited permanency planning case, the court may order DHS to show cause why it should not file a motion to terminate parental rights. DHS may show good cause under any of the following:
  • The criteria for termination have not yet been met; or
  • The parents or guardians have maintained regular parenting time and contact with the child, and the child would benefit from continuing this relationship.
C.R.S. § 19-3-702(5)(a)
The court may also order DHS to show cause why it should not file a motion to terminate parental rights for older children. Good cause not to file a motion to terminate for older children includes:
  • The criteria for termination have not yet been met; or
  • The parent maintains regular parenting time and contact with the child, who would benefit from continuing this relationship; or
  • A child age twelve or older objects to the termination; or
  • Foster parents are willing and capable of providing the child with a stable and permanent home, but will not adopt the child because of exceptional circumstances that do not include an unwillingness to accept legal responsibility.
42 U.S.C.A. § 675(5)(E)
C.R.S. § 19-1-115(6) and (7)
C.R.S. § 19-3-604(1) and (2)
DHS must file a termination motion in any of the following circumstances:
  • The child has been in foster care for fifteen of the most recent twenty-two months, unless;
    • The child is placed with a relative;
    • DHS has documented in the case plan that filing such a motion would not be in the best interests of the child;
    • Services identified as necessary for the safe return of the child to the child’s home have not been provided to the family, consistent with the time period in the case plan; or
    • The child has been in foster care under the responsibility of the county department of such period of time due to circumstances beyond the control of the parent, such as incarceration of the parent for a reasonable period of time, court delays or continuances that are not attributable to the parent, or such other reasonable circumstances that the court finds are beyond the control of the parent.
    • The parent has subjected the child to “aggravated circumstances” as described in sections 19-3-604(1) and (2), such as someone has abandoned, tortured, chronically abused, or sexually abused the child;
    • The parental rights of the parent with respect to a sibling have been involuntarily terminated;
    • The parent has been convicted of any of the following:
      • Murder of another child of the parent;
      • Voluntary manslaughter of another child of the parent;
      • Aiding, abetting, attempting, conspiring, or soliciting to commit the crimes of murder or voluntary manslaughter of the child or of another child of the parent;
      • Felony assault resulting in serious bodily injury to the child or to another child of the parent.
C.R.S. § 19-3-702(4)
Note that reasonable efforts findings are not required in most of these circumstances.

The court may decide on other future placement alternatives such as referring the child for legal guardianship, custody, or placement with a fit and willing relative. A final, but least desirable option, is placement in a permanent living arrangement.

L.L. v. People, 10 P.3d 1271 (Colo. 2000)
Under state law, a court may award permanent guardianship to foster parents, and suspend parental rights until a child reaches the age of eighteen. The biological parent may retain the right to seek a modification of the order to regain custody and parenting time.

C.R.S. § 19-3-702(40)
The court must be provided with documents showing a compelling reason for establishing a permanency plan that is not reunification, adoption, or legal guardianship.