Self Help Adoption Forms Colorado

INSTRUCTIONS FOR KINSHIP ADOPTION

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

GENERAL INFORMATION

◆ The Petitioner must be 21 years of age or older unless a minor has permission of the court to file the adoption.

◆ Petitioner is either a grandparent/aunt/uncle/brother/sister/half sibling/1st cousin of the child to be adopted and has had physical custody of the child for a period of one year or more, and the child is not the subject of a pending dependency and neglect proceeding.

◆ Your case should be filed in the county in which you reside or where the placement agency is located.

◆ Any child legally available for adoption per §19-5-203, C.R.S., under 18 years of age residing in the state at the time the Petition for Adoption is filed or under the jurisdiction of a court in Colorado for at least 6 months may be adopted. Any person between the ages of 18 and 21 may be adopted upon approval of the Court.

◆ Legally available for adoption means one of the following: a Court has terminated the parent-child legal relationship; a Court has approved voluntary relinquishment of the parent-child legal relationship; if the parents are deceased, court-appointed guardian has executed written and verified consent; or written and verified consent has been signed by the parents.

◆ The prospective adoptive parent(s) and any adult residing in the home must complete both state and federal fingerprint-based criminal history record checks.

◆ The prospective adoptive parent(s) must complete a TRAILS background check from the Department of Human Services. The individual inquiry form and current fee information is available on their website.

◆ The prospective adoptive parent(s) must provide a statement informing the Court if they have been convicted of a felony or misdemeanor in one of the following areas:

➢ child abuse or neglect.

➢ spousal abuse.

➢ any crime against a child.

➢ any crime, the underlying factual basis of which has been found by the Court to include an act of Domestic Violence.

➢ violation of a Protection/Restraining Order.

➢ any crime involving violence, rape, sexual assault, or homicide.

➢ any felony involving physical assault or battery.

➢ any felony involving drugs within the past five years, at a minimum.

◆ A person convicted of a felony offense that involves child abuse, a crime of violence, or a felony offense involving unlawful sexual behavior shall not be allowed to adopt a child.

◆ If the fingerprint-based criminal history record check reveals a felony or misdemeanor conviction, the Court will review the type of conviction and determine if it meets the requirements as outlined in 19-5-207(2.5)(a.5)(III) where the court may allow the party to adopt the child.

◆ If the child is not legally eligible for adoption, the Petitioner(s) must provide proof that he/she has consulted with the appropriate local County Department of Social services concerning the possible eligibility of the Petitioner(s) and the child for temporary assistance for needy families (TANF), Medicaid, subsidized adoption and other services or public assistance administered by the County Department of Social Services.

◆ For additional information, please review §19-5-200.2. – 19-5-403 of the Colorado Revised Statutes.

◆ If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm

COMMON TERMS

Petition: Document officially commences the Kinship Adoption process.

Petitioner: The person or persons filing a Petition for Adoption.

Respondent: The person who files a response against the Petition for Kinship Adoption.

Service of Process: The Petition is to be served on any party in interest in the Kinship Adoption.

Return Date: The date that the Respondent must file his/her answer (listed on the Summons).

May: In legal terms, “may” is defined as “optional” or “can”.

Shall: In legal terms, “shall” is defined as “required”.

If you do not understand this information, please contact an attorney.

FEES

A $167.00 filing fee is required for each adoption. However, if the Petitioner(s) is/are seeking to adopt more than one child, and the circumstances/availability for the children to be adopted are the same then only an additional $3.00 Vital Stats Fee is required for each additional child. The Court will determine when circumstances exist for children to qualify under one adoption or separate adoptions such that more than one filing fee is required.

If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide whether you need to pay the filing fee.

Other fees that a party to the case may encounter are as follows:

☐ Response $158.00

☐ Cost of Fingerprints

☐ Fingerprint-based Criminal History Check

☐ Service Fees Varies (not payable through or to the Court)

☐ Home Study Fee Varies (not payable through or to the Court)

☐ Copy of Documents $0.75 per page

☐ Certification Fee $20.00

☐ TRAILS Background Check Payable to Colorado Department of Human Services

☐ Report of Adoption (one per child required) Payable to the Bureau of Vital Records upon billing

FORMS

To access a form online go to www.courts.state.co.us and click on the “Forms” tab. The packet/forms are available in PDF and WORD by selecting “Adoption – Kinship Adoption”. You may complete a form online or you print it and type or print legibly in black ink.

☐ JDF 454 Verified Statement of Fees Charged

☐ JDF 505 Petition for Kinship Adoption

☐ JDF 506 Notice of Adoption Proceeding and Summons

☐ JDF 507 Affidavit Service/Waiver and Acceptance of Service

☐ JDF 510 Consent to Adoption - Non-Custodial Parent

☐ JDF 511 Consent to Adoption - Child Over 12 Years of Age

☐ JDF 514 Notice of Hearing

☐ JDF 515 Motion to Waive Family Assessment/Home Study

☐ JDF 516 Order Regarding Motion to Waive Family Assessment

☐ JDF 517 Motion and Affidavit for Publication of Notice

☐ JDF 518 Order for Publication and Mailing

☐ JDF 520 Petition to Terminate Parent - Child Legal Relationship

☐ JDF 521 Finding of Fact and Decree

☐ JDF 522 Final Decree of Adoption

☐ JDF 525 Affidavit of Abandonment

☐ JDF 526 Affidavit of Diligent Efforts

STEPS TO FILING YOUR CASE

Step 1: Complete the required fingerprint-based criminal history record checks.

The prospective adoptive parent must submit a fingerprint-based criminal history record check from the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) at the time the case is filed.

☐ Law enforcement agencies are no longer required to provide fingerprinting for civil cases.

☐ The criminal history results must be conducted within 90 days prior to the filing of the Petition.

☐ If you have a felony conviction recorded in Colorado or any other state, and you know that it is inaccurate, it is your responsibility to obtain the disposition information from the court where such action occurred.

☐ You are also responsible for providing certified copies of any criminal dispositions that are not reflected in the Colorado Bureau of Investigations or Federal Bureau of Investigation records.

Step 2: Complete TRAILS Background Check.

Information to complete this background check can be found at the Colorado Department Human Services (CDHS) website. The fee for this background check is payable to CDHS. This is not a JDF form.

Step 3: Proof of consultation with appropriate local County Department of Social Services agency.

If a child is not legally eligible for adoption, the Petitioner must show that a person has consulted with the appropriate local County Department of Social Services concerning the possible eligibility of the Petitioner(s) and the child for temporary assistance for needy families (TANF), Medicaid, subsidized adoption and other services or public assistance administered by the County Department of Social Services.

Step 4: Complete appropriate forms.

Please refer to the list of required forms above to determine which forms must be submitted when filing your case based on your individual circumstances.

Petition for Kinship Adoption (JDF 505): If more than one child is being adopted you will be required to prepare a separate Petition for each child.

☐ Attach the fingerprint based FBI and the CBI criminal history checks to the Petition and identify as Exhibit A.

☐ Attach the TRAILS Background Check and label as Exhibit B.

☐ Attach proof you have consulted with the appropriate local County Department of Social Services.

☐ Verified Statement of Fees Charged (JDF 454).

☐ Consent to Adoption - Child Over Twelve Years of Age (JDF 511).

☐ Notice of Hearing (JDF 514).

☐ Motion to Waive Family Assessment/Home Study (JDF 515).

☐ Order Regarding Motion to Waive Family Assessment/Home Study (JDF 516).

☐ Petition to Terminate the Parent - Child Legal Relationship (JDF 520).

☐ Affidavit of Abandonment (JDF 525).

Non-Custodial Consent Forms

Please review sections A – C below to determine the forms to complete and the process necessary to complete based on your individual circumstances.

A. Consent to Adoption is obtained from both birth parents.

☐ Complete Consent to Adoption – Non-Custodial Parent (JDF 510).

☐ Make sure that you also provide the Non-Custodial Parent(s) with a copy of the Petition and Notice of Hearing.

☐ The waiver and acceptance of service must be signed in the presence of a Court Clerk or Notary Public.

☐ You are now ready to file your Documents with the Court, see Step 5.

B. Consent to Adoption cannot be obtained and whereabouts of the non-custodial birth parent(s) are known.

☐ Notice of Adoption Proceeding and Summons (JDF 506).

☐ Affidavit of Service/Waiver and Acceptance of Service (JDF 507).

Service options:

☐ Waiver and Acceptance of Service

☐ Have the non-custodial birth parent sign the Original Waiver and Acceptance of Service form before a Court Clerk or Notary Public.

☐ File the signed original waiver with the Court.

☐ Personal Service

☐ Select the Sheriff’s Department, a private process server, or someone you know who is 18 years or older, who is not a party to the action, and who knows the rules of service to serve the non-custodial parent.

☐ Provide the process server with the Notice of Adoption Proceeding (JDF 506), Petition for Kinship Adoption (JDF 505), and Petition to Terminate Parent - Child Legal Relationship (JDF 520).

☐ The process server will need to complete the Affidavit of Service and the original will need to be filed with the Court.

C. Consent to Adoption cannot be obtained and whereabouts of the non-custodial birth parent(s) is unknown.

If you are unable to obtain the consent of the non-custodial birth parent(s), and you do not know where he or she is located, you will need to file a Motion with the Court requesting service by Publication and the Affidavit of Diligent Efforts (JDF 526) to support your efforts in locating the non-custodial parent.

☐ Affidavit of Diligent Efforts (JDF 526).

☐ Motion and Affidavit for Publication of Notice (JDF 517).

☐ Order for Publication and Mailing (JDF 518).

☐ Provide pre-addressed stamped envelopes for you and the non-custodial parent at his/her last known address.

Step 5: File Documents with the Court.

Check with the Court to determine if they require all completed forms at the time of filing and if they have any additional filing requirements.

☐ You have completed all background checks as mentioned in Step 1 and 2.

☐ You have completed the appropriate forms mentioned in Step 4 based on your individual circumstances and have completed the forms identified in Step 6.

☐ Pay the appropriate filing fee.

☐ Be sure to provide the appropriate number of pre-addressed stamped envelopes with the Court.

Step 6: Be prepared for your Adoption Hearing.

Submit the following forms to the Clerk prior to the hearing, unless submitted to the Court at the time of filing. The documents will be signed at the end of the hearing.

☐ Finding of Fact and Decree (JDF 521). (Original and 1 Copy)

☐ Final Decree of Adoption (JDF 522). (Original and 3 copies for each child)

☐ Report of Adoption/Obtaining a Birth Certificate.

After the Judge or Magistrate signs the Final Decree of Adoption, complete the Report of Adoption.

☐ You or your attorney will need to prepare a document, called the Report of Adoption. Complete items 1 through 10.

☐ The Court will certify the bottom portion of the form and send the Report of Adoption to the Office of the State Registrar of Vital Statistics within one week from issuing the Final Decree of Adoption.

☐ New Requirement to obtain a Birth Certificate. The Office of the State Registrar will contact you or your attorney within 4 – 6 weeks from the receipt of the Court order in their office.

☐ The Vital Records Office will not issue a birth certificate without the required fee and a photocopy of one of the forms of ID mentioned above.

Preparation of Birth Certificate - If your child was born in Colorado or a foreign country:

The birth certificate will be prepared and issued by the Colorado Department of Public Health and Environment. It takes anywhere from 4 - 6 weeks to prepare a birth certificate in Colorado.

Vital Records/Adoption, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South HSVR-VR-A1, Denver, Colorado 80246-1530, (303) 692-2226.

Preparation of Birth Certificate - If your child was born in another state:

The Colorado Vital Records section will send the Report of Adoption to the appropriate state. You will need to contact the Vital Records Office in the appropriate state where the child was born to find out the procedure and cost for obtaining a birth certificate.

When you receive your certificate please check it over carefully!

Be sure that names, dates, and ages are correct. If there is a mistake caused by the documentation you supplied, you will need to fill out an Amended Report of Adoption.