Colorado Revised Statutes

Colo. Rev. Stat. § 19-1-126 (2026)

Compliance with the federal "Indian Child Welfare Act of 1978"

✓ current as of July 2026

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(1) In each case filed pursuant to this title 19 that constitutes a child custody proceeding, as defined in the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., and therefore to which the terms of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., apply, the court and each party to the proceeding shall comply with the federal implementing regulations, and any modifications thereof, of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., located in 25 CFR 23, which outline the minimum federal standards governing the implementation of the "Indian Child Welfare Act of 1978" to ensure the statute is applied in Colorado consistent with the act's express language, congress's intent in enacting the statute, and to promote the stability and security of Indian children, tribes, and families. In each child-custody proceeding filed pursuant to this title 19 to which the terms of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., apply: (a) (I) The court shall make inquiries to determine whether the child who is the subject of the proceeding is an Indian child, and, if so, shall determine the identity of the Indian child's tribe. In determining the Indian child's tribe: (A) The court shall ask each participant in an emergency or voluntary or involuntary child-custody proceeding whether the participant knows or has reason to know that the child is an Indian child. The inquiry is to be made at the commencement of the proceeding, and all responses must be on the record. The court shall instruct the participants to inform the court if any participant subsequently receives information that provides reason to know the child is an Indian child. (B) Any party to the proceeding shall disclose any information indicating that the child is an Indian child or provide an identification card indicating membership in a tribe to the petitioning and filing parties and the court in a timely manner. The court shall order the party to provide the information no later than seven business days after the date of the hearing or prior to the next hearing on the matter, whichever occurs first. The information should be filed with the court and provided to the county department of human or social services and each party no later than seven business days after the date of the hearing. (II) The court, upon conducting the inquiry described in subsection (1)(a)(I) of this section, has reason to know that a child is an Indian child if: (A) Any participant in the child-custody proceeding, officer of the court involved in the child-custody proceeding, Indian tribe, Indian organization, or agency informs the court that the child is an Indian child; (B) Any participant in the child-custody proceeding, officer of the court involved in the child-custody proceeding, Indian tribe, Indian organization, or agency informs the court that it has discovered information indicating that the child is an Indian child; (C) The child who is the subject of the child-custody proceeding gives the court reason to know he or she is an Indian child; (D) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska native village; (E) The court is informed that the child is or has been a ward of a tribal court, as defined in 25 U.S.C. sec. 1903; or (F) The court is informed that the child or the child's parent possesses an identification card indicating membership in an Indian tribe. (b) If the court knows or has reason to know, as defined in subsection (1)(a)(II) of this section, that the child who is the subject of the proceeding is an Indian child, the petitioning or filing party shall send notice by registered or certified mail, return receipt requested, to the parent or parents, the Indian custodian or Indian custodians of the child and to the tribal agent of the Indian child's tribe as designated in 25 CFR 23, or, if there is no designated tribal agent, the petitioning or filing party shall contact the tribe to be directed to the appropriate office or individual. In providing notice, the court and each party shall comply with 25 CFR 23.111. (c) The petitioning or filing party shall disclose in the complaint, petition, or other commencing pleading filed with the court that the child who is the subject of the proceeding is an Indian child and the identity of the Indian child's tribe or what efforts the petitioning or filing party has made in determining whether the child is an Indian child. If the child who is the subject of the proceeding is determined to be an Indian child, the petitioning or filing party shall further identify what reasonable efforts have been made to send notice to the persons identified in subsection (1)(b) of this section. The postal receipts indicating that notice was properly sent by the petitioning or filing party to the parent or Indian custodian of the Indian child and to the Indian child's tribe must be attached to the complaint, petition, or other commencing pleading filed with the court; except that, if notification has not been perfected at the time the initial complaint, petition, or other commencing pleading is filed with the court or if the postal receipts have not been received back from the post office, the petitioning or filing party shall file the postal receipts with the court. Any responses sent by the tribal agents to the petitioning or filing party, the county department of human or social services, or the court must be distributed to the parties and deposited with the court. (2) If there is reason to know the child is an Indian child but the court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall: (a) Confirm, by way of a report, declaration, or testimony included in the record, that the petitioning or filing party used due diligence to identify and work with all of the tribes of which there is reason to know the child may be a member, or eligible for membership, to verify whether the child is in fact a member, or a biological parent is a member and the child is eligible for membership; and (b) Treat the child as an Indian child, unless and until it is determined on the record that the child does not meet the definition of an Indian child. (3) If the court receives information that the child may have Indian heritage but does not have sufficient information to determine that there is reason to know that the child is an Indian child pursuant to subsection (1)(a)(II) of this section, the court shall direct the petitioning or filing party to exercise due diligence in gathering additional information that would assist the court in determining whether there is reason to know that the child is an Indian child. The court shall direct the petitioning or filing party to make a record of the effort taken to determine whether or not there is reason to know that the child is an Indian child. (4) The requirements of the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901 et seq., in effect as of February 9, 2003, and the related regulations located at 25 CFR 23, in effect as of February 9, 2023, are incorporated into and adopted as state law.

Source: L. 2002: Entire section added, p. 784, § 3, effective May 30. L. 2018: (3) amended, (SB 18-092), ch. 38, p. 410, § 33, effective August 8. L. 2019: Entire section amended, (HB 19-1232), ch. 305, p. 2791, § 2, effective May 28. L. 2023: (4) amended, (SB 23- 211), ch. 150, p. 637, § 1, effective May 4. Cross references: For the legislative declaration contained in the 2002 act enacting this section, see section 1 of chapter 217, Session Laws of Colorado 2002. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 19-1232, see section 1 of chapter 305, Session Laws of Colorado 2019.

Notes of Decisions

Cited in 72 cases (37 in the last 5 years), 2006–2026 · leading case: H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023).

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H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). · cites it 92× “3d at 934. “This includes ICWA-related construction questions.”

in the Interest of S.B, 2020 COA 5 (Colo. Ct. App. 2020). · cites it 4× “§ 1903 (1) (2018); see also § 19-1-126(1); People in Interest of C.A.”

The People of the State of Colorado, In the Interest of Minor Child. My. K.M. & Ma. K.M., V. K.L. & T.A.M., 2022 CO 35 (Colo. 2022). · cites it 4× “¶25 In Colorado, the General Assembly first integrated ICWA into the state code in 2002 through section 19-1-126, C.R.S. (2002). See Ch. 217, secs.”

People in Interest of M.V, 2018 COA 163 (Colo. Ct. App. 2018). · cites it 2× “§ 1912 (a); § 19-1-126(1)(b), C.R.S. 2018. ¶ 24 An Indian child is defined as an unmarried person under the age of eighteen who is either (1) a member of an Indian tribe or (2) the biological child of a tribal member and eligible for membership in a tribe.”

in Interest of K.C & L.C, 2021 CO 33 (Colo. 2021). · cites it 7× “14 ¶27 Our General Assembly has incorporated each of these requirements into Colorado statutory law, § 19-1-126, C.R.S. (2020), and has also expressly adopted ICWA’s definition of “Indian child,” § 19-1-103(65.”

in the Interest of L.R.B, 2019 COA 85 (Colo. Ct. App. 2019). · cites it 7× “Section 19-1-126(1), (4)(a), and (4)(b), C.”

People in interest of I.B.-R, 2018 COA 75 (Colo. Ct. App. 2018). · cites it 5× “§ 19-1-126(1)(a), C.R.S. 2017; see also B.”

People ex rel. L.L., 395 P.3d 1209 (Colo. Ct. App. 2017). · cites it 5× “§§ 1901-1963 (2012); see § 19-1-126, C.R.S. 2016. Following a jury verdict, the court adjudicated the child, L.”

The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent IN the INTEREST OF Minor Child.: K.C. & L.C. v. K.C. & L.C., Respondents/Cross-Petitioners & Concerning D.C., 487 P.3d 263 (Colo. 2021). · cites it 7× “¶27 Our General Assembly has incorporated each of these requirements into Colorado statutory law, § 19-1-126, C.R.S. ( 2020 ) , and has also expressly adopted ICWA 's definition of "Indian child," § 19-1-103 (65.”

People ex rel. S.R.M., 153 P.3d 438 (Colo. Ct. App. 2006). · cites it 5× “See § 19-1-126, C.R.S.2006. The ICWA promotes the best interests of Indian children and protects the stability of Indian tribes.”

People ex rel. L.A.N., 296 P.3d 126 (Colo. Ct. App. 2011). · cites it 7× “R.8.2010, the petitioning or filing party must "[mJake continuing inquiries to determine whether the child who is the subject of the proceeding is an Indian child" and, if so, determine the identity of the child's tribe and provide notice of the proceeding to that tribe.”

People ex rel. J.O., 170 P.3d 840 (Colo. Ct. App. 2007). · cites it 4× “§ 1912 (a) (2001) and § 19-1-126(1)(a)-(b), C.R.8.2006, if the state knows, or has reason to know or believe, that an Indian child is involved, it must provide notice to the Indian child's tribe by registered mail, with return receipt requested, of the pending proceedings and of…”

Show all 72 citing cases →

— Colo. Rev. Stat. § 19-1-126(1) — 5 cases

in the Interest of S.B, 2020 COA 5 (Colo. Ct. App. 2020). “§ 1903 (1) (2018); see also § 19-1-126(1); People in Interest of C.A.”

in the Interest of L.R.B, 2019 COA 85 (Colo. Ct. App. 2019). “Section 19-1-126(1), (4)(a), and (4)(b), C.”

People ex rel. E.C., 259 P.3d 1272 (Colo. Ct. App. 2010).

People Ex Rel. Ec, 259 P.3d 1272 (Colo. Ct. App. 2010).

People In Interest of M.M. & E.M., Child. (Colo. Ct. App. 2022).

— Colo. Rev. Stat. § 19-1-126(1)(a) — 20 cases

in the Interest of S.B, 2020 COA 5 (Colo. Ct. App. 2020). “§ 1903 (1) (2018); see also § 19-1-126(1); People in Interest of C.A.”

People in interest of I.B.-R, 2018 COA 75 (Colo. Ct. App. 2018). “§ 19-1-126(1)(a), C.R.S. 2017; see also B.”

People ex rel. J.O., 170 P.3d 840 (Colo. Ct. App. 2007). “§ 1912 (a) (2001) and § 19-1-126(1)(a)-(b), C.R.8.2006, if the state knows, or has reason to know or believe, that an Indian child is involved, it must provide notice to the Indian child's tribe by registered mail, with return receipt requested, of the pending proceedings and of…”

People ex rel. S.R.M., 153 P.3d 438 (Colo. Ct. App. 2006). “See § 19-1-126, C.R.S.2006. The ICWA promotes the best interests of Indian children and protects the stability of Indian tribes.”

People ex rel. E.C., 259 P.3d 1272 (Colo. Ct. App. 2010).

— Colo. Rev. Stat. § 19-1-126(1)(a)(I) — 2 cases

in Interest of K.C & L.C, 2021 CO 33 (Colo. 2021). “14 ¶27 Our General Assembly has incorporated each of these requirements into Colorado statutory law, § 19-1-126, C.R.S. (2020), and has also expressly adopted ICWA’s definition of “Indian child,” § 19-1-103(65.”

Peo in Interest of EMG (Colo. Ct. App. 2024).

— Colo. Rev. Stat. § 19-1-126(1)(a)(I)(A) — 15 cases

H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). “3d at 934. “This includes ICWA-related construction questions.”

Peo in Interest of EMG (Colo. Ct. App. 2024).

Peo in Interest of CBB (Colo. Ct. App. 2025).

Peo in Interest of IG (Colo. Ct. App. 2024).

Peo in Interest of ZJJ (Colo. Ct. App. 2025).

— Colo. Rev. Stat. § 19-1-126(1)(a)(II) — 7 cases

H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). “3d at 934. “This includes ICWA-related construction questions.”

People In Interest of Jay.J.L. & Jac.J.L., Child. (Colo. Ct. App. 2022).

Peo in Interest of TD-JG-R (Colo. Ct. App. 2025).

People In Interest of M.M. & E.M., Child. (Colo. Ct. App. 2022).

— Colo. Rev. Stat. § 19-1-126(1)(a)(II)(A) — 1 case

People In Interest of Jay.J.L. & Jac.J.L., Child. (Colo. Ct. App. 2022).

— Colo. Rev. Stat. § 19-1-126(1)(a)(II)(B) — 3 cases

Peo in Interest of TD-JG-R (Colo. Ct. App. 2025).

People In Interest of Jay.J.L. & Jac.J.L., Child. (Colo. Ct. App. 2022).

People In Interest of M.M. & E.M., Child. (Colo. Ct. App. 2022).

— Colo. Rev. Stat. § 19-1-126(1)(b) — 26 cases

H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). “3d at 934. “This includes ICWA-related construction questions.”

People in Interest of M.V, 2018 COA 163 (Colo. Ct. App. 2018). “§ 1912 (a); § 19-1-126(1)(b), C.R.S. 2018. ¶ 24 An Indian child is defined as an unmarried person under the age of eighteen who is either (1) a member of an Indian tribe or (2) the biological child of a tribal member and eligible for membership in a tribe.”

in the Interest of S.B, 2020 COA 5 (Colo. Ct. App. 2020). “§ 1903 (1) (2018); see also § 19-1-126(1); People in Interest of C.A.”

People in interest of I.B.-R, 2018 COA 75 (Colo. Ct. App. 2018). “§ 19-1-126(1)(a), C.R.S. 2017; see also B.”

in Interest of KNBE, 2019 COA 157 (Colo. Ct. App. 2019).

— Colo. Rev. Stat. § 19-1-126(1)(c) — 4 cases

H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). “3d at 934. “This includes ICWA-related construction questions.”

People ex rel. N.D.C., 210 P.3d 494 (Colo. Ct. App. 2009).

People v. C.A., 417 P.3d 909 (Colo. Ct. App. 2017).

People Ex Rel. Ndc, 210 P.3d 494 (Colo. Ct. App. 2009).

— Colo. Rev. Stat. § 19-1-126(2) — 2 cases

People ex rel. L.L., 395 P.3d 1209 (Colo. Ct. App. 2017). “§§ 1901-1963 (2012); see § 19-1-126, C.R.S. 2016. Following a jury verdict, the court adjudicated the child, L.”

People ex rel. L.A.N., 296 P.3d 126 (Colo. Ct. App. 2011). “R.8.2010, the petitioning or filing party must "[mJake continuing inquiries to determine whether the child who is the subject of the proceeding is an Indian child" and, if so, determine the identity of the child's tribe and provide notice of the proceeding to that tribe.”

— Colo. Rev. Stat. § 19-1-126(2)(a) — 1 case

— Colo. Rev. Stat. § 19-1-126(2)(b) — 4 cases

H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). “3d at 934. “This includes ICWA-related construction questions.”

in the Interest of My.K.M, 2021 COA 33 (Colo. Ct. App. 2021).

Peo in Interest of JM (Colo. Ct. App. 2025).

— Colo. Rev. Stat. § 19-1-126(3) — 26 cases

H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). “3d at 934. “This includes ICWA-related construction questions.”

People In Interest of Jay.J.L. & Jac.J.L., Child. (Colo. Ct. App. 2022).

Peo in Interest of ZRG (Colo. Ct. App. 2025).

Peo in Interest of MVOG (Colo. Ct. App. 2024).

Peo in Interest of JLB (Colo. Ct. App. 2026).

— Colo. Rev. Stat. § 19-1-126(4)(b) — 1 case

in the Interest of L.R.B, 2019 COA 85 (Colo. Ct. App. 2019). “Section 19-1-126(1), (4)(a), and (4)(b), C.”

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