(1) The juvenile court may, upon petition, terminate the parent-child legal relationship between a parent or parents, or a possible parent or parents, and a child in:
(a) Proceedings under section 19-1-104 (1)(d); (a.5) Proceedings under section 19-5-103.5 (2)(d);
(b) Proceedings under section 19-5-105;
(c) Proceedings under section 19-5-203 (1)(d), (1)(e), (1)(f), (1)(j), and (1)(k); or
(d) Proceedings under section 19-5-105.5.
(2) No parent shall relinquish the parent-child legal relationship with a child other than in accordance with the provisions of this article.
(3) A termination by a court of a parent-child legal relationship pursuant to proceedings under this section or any section described by subsection (1) of this section shall not be deemed to terminate a sibling relationship between sibling children who are parties to the termination of the parent-child legal relationship.
Source: L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 99: (1) amended, p. 1065, § 9, effective June 1. L. 2007: (1) amended, p. 113, § 1, effective July 1. L. 2008: (3) added, p. 2, § 2, effective August 5. L. 2013: (1)(b) and (1)(c) amended and (1)(d) added, (SB 13-227), ch. 353, p. 2057, § 2, effective July 1.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987.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 § 19-4- 101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1989–2024 · leading case:
In Re Custody of C.C.R.S., 872 P.2d 1337 (Colo. Ct. App. 1994).
In Re Custody of C.C.R.S., 872 P.2d 1337 (Colo. Ct. App. 1994).
· cites it 12× “Although the placement was initially made in contemplation that it would be followed by relinquishment and adoption proceedings under the Colorado Children's Code, such proceedings later became impossible when the mother withdrew her consent thereto and did not honor her…”
In Re Catholic Charities & Cmty. Servs., 942 P.2d 1380 (Colo. Ct. App. 1997).
· cites it 5× “) provides that if the nonrelin-quishing parent appears in the termination proceeding, but “cannot personally assume legal and physical custody promptly, taking into account the child’s age, needs, and individual circumstances,” his or her parental rights must be terminated.”
People ex rel. J.W.W., 936 P.2d 599 (Colo. Ct. App. 1997).
· cites it 6× “Section 19-5-101, C.R.S. (1996 Cum.Supp.) authorizes the juvenile court to terminate the parent-child legal relationship either under § 19-l-104(l)(d) or under § 19-5-105, C.”
People v., 417 P.3d 843 (Colo. Ct. App. 2016).
· cites it 3× “Likewise, in examining article five's termination statute, section 19-5-101, C.R.S. 2015, we find no reference to terminating parental rights to a dependent and neglected child.”
C.R.S. v. T.A.M., 892 P.2d 246 (Colo. 1995).
· cites it 2× “Accordingly, the parties did not have available to them the statutory procedures providing for adoption and relinquishment under Article 5 of the Colorado Children’s Code, sections 19-5-101 to -304 (1994 Supp.). Therefore, the prospective adoption proceeding turned into a…”
In re the D.S.L., 18 P.3d 856 (Colo. Ct. App. 2001).
“However, we conclude that $ 19-5-105 does not authorize termination of the parent-child legal relationship of the other parent in anticipation of a possible stepparent adoption.”
Matter of Custody of CCRS, 892 P.2d 246 (Colo. 1995).
· cites it 2× “Accordingly, the parties did not have available to them the statutory procedures providing for adoption and relinquishment under Article 5 of the Colorado Children's Code, sections 19-5-101 to -304 (1994 Supp.). Therefore, the prospective adoption proceeding turned into a…”
B.N.A.A. v. O.D.A., 779 P.2d 844 (Colo. 1989).
“Sections 19-5-101 to 19-5-215, 8B C.R.S. (1988 Cum.”
People in the Interest of E.M, 2016 COA 38 (Colo. Ct. App. 2016).
· cites it 3× “Likewise, in examining article five’s termination statute, section 19-5-101, C.R.S. 2015, we find no reference to terminating parental rights to a dependent and neglected child.”
People in the Interest of E.M, 2016 COA 38 (Colo. Ct. App. 2016).
· cites it 3× “Likewise, in examining article five’s termination statute, section 19-5-101, C.R.S. 2015, we find no reference to terminating parental rights to a dependent and neglected child.”
ERS v. Oda, 779 P.2d 844 (Colo. 1989).
· cites it 2× “See §§ 19-5-101 to 19-5-107, 8B C.R.S. (1988 Cum.”
— Colo. Rev. Stat. § 19-5-101(2) — 1 case
In Re Custody of C.C.R.S., 872 P.2d 1337 (Colo. Ct. App. 1994).
“Although the placement was initially made in contemplation that it would be followed by relinquishment and adoption proceedings under the Colorado Children's Code, such proceedings later became impossible when the mother withdrew her consent thereto and did not honor her…”
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