G.  Order

C.R.S. § 19-5-103(6)
The court may dismiss the petition. To do so, the court must believe that denying the relinquishment is in the child’s best interests. 

C.R.S. § 19-5-103(7)(b)
There is a rebuttable presumption that it is not in the best interests of a child age twelve or older who objects to the relinquishment. 

C.R.S. § 19-5-104(2)
The court may also choose not to terminate the parents’ rights if the court grants a relative’s request for custody.

C.R.S. § 19-5-103(7)(a)
The court may grant the petition. The court must approve the relinquishment if the courts finds that:
  • The parent has received counseling;
  • The parent’s consent was knowing and voluntary and not tainted by threats, coercion, undue influence or inducements; and
  • It is in the child’s best interests.
C.R.S. § 19-5-104(5)
In the relinquishment order, the court may relieve the parent of the obligation to pay for child support or DHS services prior to a final adoption decree.

C.R.S. § 19-5-104(4)
The court’s order must include all pertinent findings of fact. In particular it must include a finding that the counseling requirement has been satisfied.

C.R.S. § 19-5-104(1)
The court may transfer the child’s custody and guardianship if the rights of both parents, or if the only surviving or known parent’s rights have been relinquished or terminated. In deciding to whom to transfer custody and guardianship, the court should take into account the child’s racial, cultural and religious background.

C.R.S. § 19-5-104(1)
Colorado law requires the court to consider a child’s “racial, cultural, and religious background” in placing a relinquished child.  

42 U.S.C.A. § 1996b
C.R.S. § 19-5-206(3)
Under the federal Multiethnic Placement Act (MEPA), however, the court may not deny or delay a child’s placement because of race. 

25 U.S.C.A. § 1915(a)
The only exception is under the federal Indian Child Welfare Act (ICWA), which gives placement preferences to members of the child’s tribe.









C.R.S. § 19-5-104(2)
The court may transfer custody and guardianship to:
  • County DHS;
  • Licensed child placement agency;
  • Child’s relative;
  • Child’s caregiver for more than six months, including adoptive, designated adoptive, and foster parents.

The court may give preference to a relative placement. It must be in the child’s best interests. The court must give preference to a relative who requests placement  prior to the relinquishment hearing. Relatives include the child’s grandparents, aunt, uncles, brothers and sisters. This preference does not apply if the biological parent has designated adoptive parents. It also does not apply if the parent objects, unless the child has lived with the relative over six months.

C.R.S. § 19-5-104(1)(d)






C.R.S. § 19-5-210(4)
The child’s caregiver must be “of good moral character.” DHS or a licensed child placement agency must assess the placement. The “child’s caregiver” includes foster parents and designated adoptive parents.

The court may not grant an adoption if the proposed parent has ever been convicted of child abuse or neglect; spousal abuse; a crime against a child; or any crime involving violence, 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 conviction in any of the above areas, the court should look for a different adoptive placement or permanent living arrangement.

C.R.S. § 19-5-105(1)
If the child is not yet freed for adoption, a termination petition must be filed. If the parent who did not relinquish the child still has parental rights, the child’s custodian must seek an order of termination. This is not required if the other parent’s rights have been previously terminated or determined by the court not to exist.