Current through 11/5/2024 election
Section 19-5.5-203 - Prohibited custody transfer(1) Except as provided in subsection (2) of this section, a parent, guardian, or custodian of a child or an individual with whom a child has been placed for adoption may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child.(2) A parent, guardian, or custodian of a child, or an individual with whom a child has been placed for adoption, may transfer custody of the child to another person with the intent, at the time of the transfer, to permanently abandon the rights and responsibilities concerning the child only through: (a) A legal adoption or guardianship proceeding;(b) Judicial award of custody;(c) Other judicial or tribal action; or(d) Colorado's safe haven law as described in section 19-3-304.5.(3) A person may not receive permanent custody of a child, or act as an intermediary if permitted under other law of this state, in a transfer of custody of a child if the person knows or reasonably should know the transfer violates subsection (1) of this section. This prohibition does not apply if the person, as soon as practicable after the transfer, notifies the state department of the transfer or takes appropriate action to establish custody under subsection (2) of this section.(4) Violation of this section is a class 2 misdemeanor.(5) Violation of subsection (1) of this section is not established solely because a parent, guardian, or custodian who transfers custody of a child does not regain custody.Added by 2023 Ch. 86,§ 1, eff. 4/17/2023.