N.  Good Cause to Overcome Placement Preferences

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To overcome the placement preferences, the party must establish the existence of good cause to the contrary.



Good cause may be:

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  • The request of the biological parents or the child when the child is of sufficient age;
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  • The extraordinary physical or emotional needs of the child as established by the testimony of the qualified expert witness;
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  • The unavailability of suitable families for placement after a diligent search has been completed for families meeting the preference criteria;
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  • The best interests of the child;
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  • The child’s ties to the tribe;
People in Interest of A.N.W., 976 P.2d 365 (Colo. App. 1999)
  • The child’s ability to make cultural adjustments necessitated by a particular placement;
People in Interest of A.N.W., 976 P.2d 365 (Colo. App. 1999)
  • The certainty of emotional or psychological damage to the child if removed from the primary caretaker.