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Instructions For Custodial Adoption JDF 499 - Colorado
| Instructions For Custodial Adoption Form. This is a Colorado form and can be used in Adoption Statewide . |
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INSTRUCTIONS FOR CUSTODIAL 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 receives consent of court. Petitioner has had physical custody of the child (the child has lived with Petitioner) for over one year. Legal custody may have been established through a Domestic Relations, Probate or Juvenile case. Any child under 18 years of age residing in the state at the time the Petition for Adoption is filed and legally available for adoption per §19-5-203, C.R.S. may be adopted. Any person between the ages of 18 and 21 may be adopted as a child upon approval of the Court. Your case is to be filed in the county in which you reside or where the placement agency is located. The prospective adoptive parent(s) 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 19-5207(2.5)(a.5)(III) where the court may allow the party to adopt the child. The child must not be the subject of a pending dependency and neglect proceeding. 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; a court-appointed guardian has executed written and verified consent; or written and verified consent has been given by the parents. The child must not be the subject of a pending dependency and neglect proceeding. If child is not legally eligible for adoption, the Petitioner must provide proof that they have 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: Petitioner: Respondent: Service of Process: Return Date: May: Shall: JDF 499 Document officially commences the Custodial Adoption process. The person or persons filing a Petition for Adoption. The person who files a response against the Petition for Custodial Adoption. The Petition is to be served on any party in interest in the Custodial Adoption The date that the Respondent must file his/her answer by, (listed on the Summons). In legal terms, "may" is defined as "optional" or "can". In legal terms, "shall" is defined as "required". Page 1 of 8 American LegalNet, Inc. www.FormsWorkFlow.com R3-12 INSTRUCTIONS FOR CUSTODIAL ADOPTION If you do not understand this information, please contact an attorney. FEES A filing fee of $130.00 is required for each adoption. However, if the Petitioner(s) is/are is seeking to adopt more than one child, and the circumstances/availability for the children to be adopted are the same (e.g. the children are available for the adoption due to the death of the primary caretaker, e.g. biological parent) then only an additional $ 3.00 Vital Stats Fee is required for each additional child the Petitioner(s) is/are seeking to adopt. The Court will determine when circumstances exist for children to qualify under one adoption or separate adoptions such that more than one $130.00 filing fee is required. See Step 4 for completing appropriate forms for each child. 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 $130.00 Cost of Fingerprints Varies (Payable to local law enforcement) Fingerprint-based Criminal History Check (Payable to CBI by Cash, Money Order or by Credit Card.) Link for credit card form Fingerprint-based Criminal History Check (Payable to Treasury of the United States by Money Order, Certified Check or by Credit Card) Service Fees Varies (not payable through or to the Court) Home Study Fee Varies (not payable through or to the Court) Copy of Documents $ .75 per page Certification Fee $ 13.00 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 Custodial". You may complete a form online and print or you can print it and type or print legibly in black ink. You may need all or some of these forms. Read these instructions carefully to determine what forms you may need. JDF 499 JDF 454 JDF 503 JDF 506 JDF
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