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HB 25-1204

Colorado Indian Child Welfare Act

2025 Regular Session Introduced by Judy Amabile and 57 co-sponsors

Colorado codifies ICWA into state law, ensuring tribal participation, placement preferences (family/tribe), and active efforts to protect Indian children in custody cases.

Governor Signed
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Bill Summary · HB 25-1204

HB 25-1204 — Colorado Indian Child Welfare Act — Summary

Status: Governor signed (May 31, 2025). Effective date: August 6, 2025 (assuming no referendum). Introduced: February 10, 2025. Primary sponsors: Reps. Duran and Junie Joseph; Sen. Jessie Danielson (Senate primary).

Purpose / Intent

The bill codifies the federal Indian Child Welfare Act of 1978 (ICWA) into Colorado law as the "Colorado Indian Child Welfare Act" (CO‑ICWA). It establishes state statutory standards that mirror federal ICWA protections for the removal, custody and placement of Indian children and adds specified state-level procedures and safeguards intended to promote tribal participation, placement with family/tribe, and procedural protections for families and tribes.

Key provisions

  • Codifies federal ICWA standards (25 U.S.C. §1901 et seq. and 25 CFR 23) into Colorado Revised Statutes and repeals prior §19‑1‑126.
  • Court inquiries and verification
    • Requires courts to ask participants whether a child is an Indian child and to make on‑the‑record inquiries at the outset of proceedings.
    • Defines when a court “has reason to know” a child is Indian and requires due diligence to verify tribal membership/eligibility.
  • Notice and tribal participation
    • Requires notice by certified/registered mail to parents, Indian custodians, and the child’s tribe when there is reason to know the child is Indian.
    • Ensures tribes receive notice and may participate in proceedings; recognizes tribal jurisdiction over certain cases.
  • Placement preferences and active efforts
    • Prioritizes placement preferences (family, extended family, tribe) consistent with federal ICWA and requires “active efforts” to verify tribal status and identify appropriate placements.
  • Procedural protections
    • Provides for appointed counsel for indigent parents in certain non‑dependency and neglect proceedings and requires translation services where needed.
    • Allows tribal courts access to relevant records and authorizes state agencies to enter or revise intergovernmental agreements with tribes.
  • Confidentiality and records
    • Addresses confidentiality and limited access to adoption/placement records in specified circumstances (see statutory text).
  • Reporting and data
    • Requires the Colorado Department of Human Services (CDHS) and the Judicial Department to report specified ICWA‑related information beginning in FY 2027‑28 and every odd‑numbered year thereafter (initial drafts specified a Sept. 15, 2027 start date).

Fiscal and operational impact

  • Legislative Council and JBC analyses project only minimal, ongoing workload increases for CDHS, the Judicial Department, county human services departments, and independent judicial agencies (Office of the Respondent Parents’ Counsel; Office of the Child’s Representative) to implement reporting, training, translation, and case procedures.
  • Early fiscal staff analysis (initial fiscal note) identified a one‑time Trails (child welfare data system) update cost of $21,352 (FY 2025‑26). Subsequent/final fiscal analysis reflecting enacted language reports no required appropriation and expects the impacts to be absorbable within existing resources.

Who is affected

  • Indian children, parents, Indian custodians, and tribes (tribal courts and tribal agents)
  • County departments of human services, state CDHS, Judicial Department, trial courts, and attorneys representing parents/children
  • Agencies and courts handling child custody, dependency, neglect, foster care, and adoption matters

Legislative timeline / actions

  • Introduced in House: Feb 10, 2025; advanced through committee and both chambers with amendments (March–April 2025).
  • Sent to Governor: May 14, 2025. Governor signed: May 31, 2025.
  • Effective (subject to no referendum): August 6, 2025. (If a referendum were filed per state constitutional procedures, implementation timelines could differ.)

For full statutory language and procedural detail, consult the enacted bill text and the Colorado Revised Statutes sections replacing prior §19‑1‑126.

Compiled from official sources — confirm details with the bill’s official record.

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