Colorado Revised Statutes Title 19. Children's Code § 19-1-128. Foster care sibling visits--rules

(1) If a child in foster care and his or her sibling mutually request an opportunity to visit each other, the county department that has legal custody of the child shall arrange the visit within a reasonable amount of time and document the visit.

(2) If a child in foster care and his or her sibling mutually request an opportunity to visit each other on a regular basis, the county department that has legal custody of the child shall arrange the visits and ensure that the visits occur with sufficient frequency and duration to promote continuity in the siblings' relationship.

(3) If, in arranging sibling visits pursuant to this section, a county department determines that a requested visit between the siblings would not be in the best interests of one or both of the siblings, the county department shall deny the request and document its reasons for making the determination.  In determining whether a requested visit would be in the best interests of one or both of the siblings, the county department shall ascertain whether there is pending in any jurisdiction a criminal action in which either of the siblings is either a victim or a witness.  If such a criminal action is pending, the county department, before arranging any visit between the siblings, shall consult with the district attorney for the jurisdiction in which the criminal action is pending to determine whether the requested visit may have a detrimental effect upon the prosecution of the pending criminal action.

(4) Nothing in this section shall be construed to require or permit a county department to arrange a sibling visit if such visit would violate an existing protection order in any case pending in this state or any other state.

(5) As used in this section, “sibling” means:

(a) A sibling from birth who is descended from one or two mutual parents;  or

(b) A stepbrother or former stepbrother or a stepsister or former stepsister.

(6) The state board of human services, created in section 26-1-107, C.R.S ., may promulgate rules for the implementation of this section.


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