Colo. Rev. Stat. » Title 19
Colorado Revised Statutes

Colo. Rev. Stat. § 19-3-605 (2026)

Request for placement with family members

✓ current as of July 2026
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(1) Following an order of termination of the parent-child legal relationship, the court shall consider, but shall not be bound by, a request that guardianship and legal custody of the child be placed with a relative of the child. When ordering guardianship of the person and legal custody of the child, the court may give preference to a grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child when such relative has made a timely request therefor pursuant to the requirement of this subsection (1) and the court determines that such placement is in the best interests of the child. Such request must be submitted to the court no later than twenty days after the motion for termination is filed pursuant to section 19-3-602. Nothing in this section shall be construed to require the child placement agency with physical custody of the child to notify said relatives described in this section of the pending termination of parental rights.

(2) Notwithstanding the provisions of subsection (1) of this section to the contrary, when the child is part of a sibling group and the sibling group is being placed out of the home, if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, the court shall presume that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.

(3) In making placement determinations concerning a child or youth following the order of termination of the parent-child legal relationship pursuant to the provisions of this section, the court shall consider all pertinent information related to modifying the placement of the child or youth prior to removing the child or youth from the child's or youth's placement, including:

(a) An individualized assessment of the child's needs created pursuant to Title IV-E of the federal "Social Security Act", as amended, and regulations promulgated thereunder, as amended;

(b) Whether the child's or youth's placement at the time of the hearing is a safe and potentially permanent placement for the child or youth, including documentation that a county department or a licensed child placement agency has adequately screened the family member who is seeking to care for the child or youth and any adult residing in the home and that all of the criminal history record checks and other background checks have been completed as required pursuant to section 26-6-910 or 19-3-406;

(c) The child's actual age and developmental stage and, in consideration of this information, the child's attachment needs;

(d) Whether the child has significant psychological ties to a person who could provide a permanent placement for the child, including a relative, and, if so, whether this person maintained contact with the child during the child's placement out of the home;

(e) Whether a person who could provide a permanent placement for the child is willing to maintain appropriate contact after an adoption of the child with the child's relatives, particularly sibling relatives, when such contact is safe, reasonable, and appropriate;

(f) Whether a person who could provide a permanent placement for the child is aware of the child's culture and willing to provide the child with positive ties to his or her culture;

(g) The child's medical, physical, emotional, or other specific needs, and whether a person who could provide a permanent placement for the child is able to meet the child's needs; and

(h) The child's attachment to the child's caregiver at the time of the hearing and the possible effects on the child's emotional well-being if the child is removed from the caregiver's home.

Source: L. 87: Entire title R&RE, p. 789, § 1, effective October 1. L. 2003: Entire section amended, p. 2626, § 7, effective June 5. L. 2005: (1) amended, p. 93, § 1, effective March 31; entire section amended, p. 678, § 3, effective July 1. L. 2015: (3)(b) amended, (SB 15-087), ch. 263, p. 1019, § 12, effective June 2; (3) amended, (HB 15-1337), ch. 328, p. 1342, § 2, effective June 5. L. 2022: (3)(b) amended, (HB 22-1295), ch. 123, p. 836, § 41, effective July 1. L. 2023: IP(3) and (3)(b) amended, (HB 23-1043), ch. 20, p. 79, § 4, effective August 7.

Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-11- 105.5 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) Amendments to this section by House Bill 05-1174 and House Bill 05-1173 were harmonized.

(3) Amendments to subsection (3)(b) by HB 15-1337 and SB 15-087 were harmonized.

Cross references: (1) For the legislative declaration contained in the 2005 act amending this section, see section 1 of chapter 194, Session Laws of Colorado 2005.

(2) For Title IV-E of the federal "Social Security Act", see 42 U.S.C. § 670 et seq.

19-3-606. Review of child's disposition following termination of the parent-child legal relationship. (1) The court, at the conclusion of a hearing in which it ordered the termination of a parent-child legal relationship, shall order that a review hearing be held not later than ninety days after the date of the termination. At such hearing, the agency or individual vested with custody of the child shall report to the court what disposition of the child, if any, has occurred. The guardian ad litem shall provide a written report stating the guardian ad litem's position to the court based upon an independent investigation and consultation with the child regarding the disposition that is in the best interests of the child and the necessary steps to finalize the child's permanency. Counsel for youth shall provide a position statement that conveys the child's position and objectives for the child's desired disposition and necessary steps to finalize permanency. Any report required pursuant to this subsection (1) is subject to the provisions of section 19-1-309.

(2) If no adoption has taken place within a reasonable time and the court determines that adoption is not immediately feasible or appropriate, the court may order that provision be made immediately for alternative long-term placement of the child.

Source: L. 87: Entire title R&RE, p. 790, § 1, effective October 1. L. 89: (1) amended, p. 944, § 5, effective March 27. L. 90: (1) amended, p. 1012, § 7, effective July 1. L. 2022: (1) amended, (HB 22-1038), ch. 92, p. 437, § 12, effective January 9, 2023.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-11-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.

Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1993–2025 · leading case: in the Interest of C.N, 2018 COA 165 (Colo. Ct. App. 2018).
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in the Interest of C.N, 2018 COA 165 (Colo. Ct. App. 2018). · cites it 4× “) Section 19-3-605, C.R.S. 2018, which discusses requests for placements with family members, requires that a request by a grandparent, aunt, uncle, brother, or sister for the custody of a child whose legal relationship with his or her parents is subject to termination must be…”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018). · cites it 3× “Instead, it issued an order stating that it would treat the maternal grandmother as a possible placement for the child after mother’s rights were terminated, under section 19-3-605, C.R.S. 2018, and proceeded to a termination hearing without making the maternal grandmother a…”
People ex rel. J.W. v. C.O., 406 P.3d 853 (Colo. 2017). · cites it 3× “Mother’s admission to the allegation in the petition, which was accepted by the court as knowingly and voluntarily made, established the children’s status as dependent or neglected, and thus fulfilled the purpose of an adjudicatory hearing under section 19-3-605(1), C.R.S.…”
People in Interest of CE, 923 P.2d 383 (Colo. Ct. App. 1996). · cites it 11× “Following a hearing in March 1995, the trial court denied the motion finding that it had not been filed within the time prescribed by § 19-3-605, C.R.S. (1995 Cum.Supp.). Section 19-3-605 requires that a request by a grandparent, aunt, uncle, brother, or sister for the custody…”
In re S.M-L, 2016 COA 173 (Colo. Ct. App. 2016). “2016 (reinstatement of the parent-child legal relationship); and (4) final orders of permanent legal custody entered pursuant to sections 19-3-605 and 19-3-702, C.R.S. 2016.”
In re B.D.G., 881 P.2d 375 (Colo. Ct. App. 1993). · cites it 10× “), § 19-3-605, C.R.S. (1993 Cum.Supp.), and § 19-1-117(1), C.”
People, 308 P.3d 1218 (Colo. 2013). · cites it 3× “Similarly, section 19-3-605(1), C.R.S. (2018), requires the trial court to consider timely requests for placement by relatives and allows the trial court to give preference to a relative when placing a child following an order of termination of the parent-child legal…”
People ex rel. S.R.M., 153 P.3d 438 (Colo. Ct. App. 2006). · cites it 3× “Section 19-3-605(1). When a relative who falls within the terms of § 19-3-605(1) does not file a motion to intervene until after the conclusion of the termination hearing, the trial court may properly deny the motion as untimely.”
People ex rel. J.G., 409 P.3d 403 (Colo. Ct. App. 2014). · cites it 2× “§ 19-3-605(6), C.R.S. 2014.. With the dismissal of the petition and the discharge.”
Peo in Interest of TB (Colo. Ct. App. 2024). · cites it 22× “¶ 11 In affirming the magistrate ’s order , the juvenile court concluded that the sibling group presumption applied and then considered the factors in section 19-3-605(3) (even though father never raised section 19-3-605 and the magistrate did not rule on that basis) to reject…”
Peo in Interest of TB (Colo. Ct. App. 2024). · cites it 22× “¶ 11 In affirming the magistrate ’s order , the juvenile court concluded that the sibling group presumption applied and then considered the factors in section 19-3-605(3) (even though father never raised section 19-3-605 and the magistrate did not rule on that basis) to reject…”
People ex rel. E.C., 47 P.3d 707 (Colo. Ct. App. 2002). · cites it 2× “Although the grandparents supported the uncle's request for placement, they also filed a motion in August 1999 for custody pursuant to § 19-3-605, C.R.S.2001, to protect their rights in the event that the children were not placed with the uncle.”
Show all 17 citing cases →
— Colo. Rev. Stat. § 19-3-605(1) — 9 cases
People ex rel. J.W. v. C.O., 406 P.3d 853 (Colo. 2017). “Mother’s admission to the allegation in the petition, which was accepted by the court as knowingly and voluntarily made, established the children’s status as dependent or neglected, and thus fulfilled the purpose of an adjudicatory hearing under section 19-3-605(1), C.R.S.…”
in the Interest of C.N, 2018 COA 165 (Colo. Ct. App. 2018). “) Section 19-3-605, C.R.S. 2018, which discusses requests for placements with family members, requires that a request by a grandparent, aunt, uncle, brother, or sister for the custody of a child whose legal relationship with his or her parents is subject to termination must be…”
People, 308 P.3d 1218 (Colo. 2013). “Similarly, section 19-3-605(1), C.R.S. (2018), requires the trial court to consider timely requests for placement by relatives and allows the trial court to give preference to a relative when placing a child following an order of termination of the parent-child legal…”
People ex rel. S.R.M., 153 P.3d 438 (Colo. Ct. App. 2006). “Section 19-3-605(1). When a relative who falls within the terms of § 19-3-605(1) does not file a motion to intervene until after the conclusion of the termination hearing, the trial court may properly deny the motion as untimely.”
People Ex Rel. Srm, 153 P.3d 438 (Colo. Ct. App. 2006).
— Colo. Rev. Stat. § 19-3-605(2) — 2 cases
Peo in Interest of TB (Colo. Ct. App. 2024). “¶ 11 In affirming the magistrate ’s order , the juvenile court concluded that the sibling group presumption applied and then considered the factors in section 19-3-605(3) (even though father never raised section 19-3-605 and the magistrate did not rule on that basis) to reject…”
Peo in Interest of TB (Colo. Ct. App. 2024). “¶ 11 In affirming the magistrate ’s order , the juvenile court concluded that the sibling group presumption applied and then considered the factors in section 19-3-605(3) (even though father never raised section 19-3-605 and the magistrate did not rule on that basis) to reject…”
— Colo. Rev. Stat. § 19-3-605(3) — 2 cases
Peo in Interest of TB (Colo. Ct. App. 2024). “¶ 11 In affirming the magistrate ’s order , the juvenile court concluded that the sibling group presumption applied and then considered the factors in section 19-3-605(3) (even though father never raised section 19-3-605 and the magistrate did not rule on that basis) to reject…”
Peo in Interest of TB (Colo. Ct. App. 2024). “¶ 11 In affirming the magistrate ’s order , the juvenile court concluded that the sibling group presumption applied and then considered the factors in section 19-3-605(3) (even though father never raised section 19-3-605 and the magistrate did not rule on that basis) to reject…”
— Colo. Rev. Stat. § 19-3-605(6) — 1 case
People ex rel. J.G., 409 P.3d 403 (Colo. Ct. App. 2014). “§ 19-3-605(6), C.R.S. 2014.. With the dismissal of the petition and the discharge.”
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