F.  Permanent Home

C.R.S. § 19-3-703
If the petition names a child under the age of six, the child must be in a permanent home within twelve months of placement out of the home. A permanent home includes the child’s reunification with the child’s parents; placement with a relative, or with a potential adoptive parent; or permanent custody in the least restrictive level of care.

C.R.S. § 19-3-703
The court may only extend the time for a child being placed in a permanent home if it is shown by clear and convincing evidence that:
  • Reasonable efforts were made to find the child an appropriate permanent home; and
  • An appropriate permanent home is not currently available; or
  • A successful permanent placement is improbable because of the child’s mental or physical needs or conditions.
C.R.S. § 19-3-702(5)(b)
The court may order that the child remain with the foster parents, if separating from the foster parents will be seriously detrimental to the child’s emotional well-being because of psychological bonding. The foster parents must be willing to provide the child with a stable and permanent environment.

42 U.S.C.A. § 677
Independent living is not a permanency goal under federal or Colorado law. Independent living is a federally funded program to make sure that children in foster care are learning the skills they will need as adults. It helps children age sixteen and older finish high school, get vocational training, and learn life skills like budgeting. While these services are important, they do not replace the child’s need for a permanent family.

C.R.S. § 19-3-702(6)(a)
The court should order DHS to make reasonable efforts to achieve the permanency goal. If reunification is no longer the goal, DHS must make reasonable efforts to place the child in a permanent home in a timely manner. 

42 U.S.C.A. § 671(a)(15)(C)
It must also complete the steps necessary to finalize the placement.

The Adoption and Safe Families Act of 1997 (ASFA) requires that reasonable efforts be made to prevent or eliminate the need for placement. Under ASFA, DHS must show it has made reasonable efforts to achieve the permanency goal. The court should require DHS to do so.