Colorado

Foster Sibling Rights in Colorado 

Educational Research Document

Disclaimer: The following material provides a general summary of Colorado law related to sibling connections in foster care. This summary was developed in 2025 and 2026  through a collaborative effort of pro bono attorneys, advocates, and individuals with lived experience as part of the National Network of Fostering Sibling Connections. While efforts have been made to ensure accuracy, laws, regulations, and policies may change, there can be mistakes,  and this summary may not reflect the most current legal developments or the full scope of applicable law. This information is provided for educational and informational purposes only and is not intended to serve as legal advice, nor does it create an attorney-client relationship. The material should not be relied upon as a substitute for obtaining legal advice from a qualified attorney regarding a specific situation. Individuals seeking guidance about their rights or obligations should consult a licensed attorney or appropriate legal professional in their jurisdiction. If you have updated information, or would like to submit changes please join our efforts and email cathy.krebs@americanbar.org. 

Special thank you to Jerin T. Damo, Guardian ad litem and Counsel for Youth in Colorado for reviewing and finalizing this summary.

Key overview - Sibling placement and connection rights for youth in Colorado are rooted in siblings’ statutory rights under the Foster Youth Siblings Bill of Rights as well as the statutory presumptions and procedural mechanisms related to siblings found throughout Title 19 of the Colorado Revised Statutes.  These arguments are further supported by the Colorado legislature’s acknowledgement that “it is beneficial for a youth placed in foster care to be able to continue relationships with the youth’s siblings, regardless of age, so that siblings may share their strengths and association in their everyday and common experiences.” §§ 19-7-202 and 19-3-500.2, 

Colorado has a joint placement presumption: “If the child is part of a sibling group, the county department shall make thorough efforts to locate a joint placement for all of the children in the sibling group who are available for adoption.” Furthermore - “If the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children.”  Colorado Revised Statutes 19-5-207.3 

2024 Colorado Revised Statutes - Section 19-7-203 - Foster care sibling rights

Foster Sibling Bill of Rights: Colorado codified the following - Specific Sibling Protections in 2019 with the enactment of the Foster Sibling Bill of Rights. 

Section 19-7-203 - Foster care sibling rights:

(1) Sibling youth in foster care, except youth in the custody of the division of youth services created pursuant to section 19-2.5-1501 or a state hospital for persons with behavioral or mental health disorders, have the following rights, unless they are not in the best interests of each sibling, regardless of whether the parental rights of one or more of the foster youth's parents have been terminated:

(a) To be placed in foster care homes with the youth's siblings, when it is in the best interests of each sibling and when the county department locates an appropriate, capable, willing, and available joint placement for the youth siblings, in order to sustain family relationships, pursuant to sections 19-3-213 (1)(c), 19-3-500.2, 19-3-507 (1)(b), 19-3-508 (1)(c), 19-3-605 (2), and 19-5-207.3 (2);

(b) To be placed in close geographical distance to the youth's siblings in order to promote continuity in the siblings' relationship;

(c) To obtain temporary respite placements together, when possible;

(d) To be placed with foster parents, placed with potential adoptive parents, and assigned to child welfare caseworkers who have been provided with training on the importance of sibling relationships;

(e) To be promptly notified, as permitted pursuant to state or federal law, about changes in sibling placement, catastrophic events, or other circumstances, including but not limited to new placements, significant life events, and discharge from foster care;

(f) To be included in permanency planning discussions or meetings for siblings, if appropriate;

(g) To maintain frequent and meaningful contact with the youth's siblings pursuant to section 19-7-204 (2), if placement together is not possible;

(h) To be actively involved in each other's lives and share celebrations, if the siblings choose to do so, including but not limited to birthdays, graduations, holidays, school and extracurricular activities, cultural customs in the siblings' native language, and other milestones;

(i) To annually receive contact information for all siblings in foster care, which may include a telephone number, address, social media accounts, and e-mail address, unless a foster parent has requested the foster parent's identifiable information not be disclosed pursuant to section 19-1-303 (2.7)(a), and to receive updated photos of siblings regularly by mail or e-mail, as appropriate;

(j) To have more private or less restrictive communication with siblings as compared to communication with others who are not siblings;

(k) To be provided with an explanation if contact with a sibling is restricted or denied, as permitted pursuant to state or federal law;

(l) To expect that the youth's guardian ad litem advocate on behalf of the youth for frequent family time with siblings, unless the guardian ad litem determines through the guardian ad litem's independent investigation that the contact is not in the best interests of the youth;

(m) To have family time with siblings encouraged in any adoptive or guardianship placement; and

(n) To receive an age-appropriate and developmentally appropriate document from the department of human services setting forth the rights described in this section:

(I) Within thirty days of the date of any placement or any change in placement;

(II) On each occasion that a youth's case plan is modified;

(III) At each placement where the youth resides; and

(IV) On at least an annual basis.

(2) Adult siblings of youth in foster care have the right to be considered as foster care providers, adoptive parents, and relative custodians for their siblings, if they choose to do so.

Special Thanks: This summary was reviewed and finalized thanks to the work of Jerin T. Damo, Guardian ad litem and Counsel for Youth in Colorado.

1. Foster Youth Bill of Rights

Colorado has both a Foster Youth Bill of Rights and a Foster Youth Siblings Bill of Rights. The Foster Youth Bill of Rights includes, among other provisions, the right for youth aged 18 or older who are leaving foster care to be provided with contact information for their siblings, if appropriate. The Foster Youth Siblings Bill of Rights specifically enumerates rights for youth in foster care regarding their relationships with siblings and outlines the responsibilities of county departments of human services in arranging sibling contact. These rights are codified in Colorado Revised Statutes (C.R.S.) §§ 19-7-101 and 19-7-201, et seq.

2. Statutory Definition of Siblings

Colorado law provides several definitions of "sibling" and related terms. "Biological sibling" is defined as a sibling, by birth, of an adopted person; brother; sister; or half-sibling of a child who is being placed in foster care or for adoption. § 19-1-103(16), C.R.S. "Half sibling" is defined by reference to the definition of biological sibling. § 19-1-103(76), C.R.S. "Sibling group" refers to biological siblings. § 19-1-103(127), C.R.S. The Foster Youth Siblings Bill of Rights further defines "sibling" to include biological siblings, step-siblings, former step-siblings, and adoptive siblings. § 19-7-204(7), C.R.S.

3. Preference for Sibling Placement

Colorado law establishes a strong preference for the joint placement of siblings in foster care and adoption. There is a rebuttable presumption in favor of joint placement if the county department locates an appropriate, capable, willing, and available joint placement for all children in the sibling group. This presumption may be rebutted by a preponderance of the evidence that joint placement is not in the best interests of a child or the children. § 19-3-213, C.R.S. The right to be placed in foster care homes with siblings, when in the best interests of each sibling and when a suitable joint placement is available, is also codified in the Foster Youth Siblings Bill of Rights. § 19-7-203(1)(a), C.R.S.  If joint placement is not possible, siblings have a right to be placed in close geographical proximity to one another to promote continuity in their relationships. § 19-7-203(1)(b), C.R.S. 

4. Guidance for Sibling Contacts

Colorado law requires county departments to provide information on sibling contact in the family time plan and to encourage the maximum sibling contact possible. § 19-3-217, C.R.S. The Foster Youth Siblings Bill of Rights confers a right to frequent and meaningful contact with siblings if placement together is not possible. § 19-7-203, C.R.S. County departments must follow a specific process when a child or youth requests contact with a sibling. § 19-7-204, C.R.S. 

5. Social Service Requirements Regarding Reporting Sibling Placement

County departments are required to document thorough efforts to locate a joint placement for siblings, as well as their reasonable and continued efforts to do so if a joint placement is not initially found. If siblings are placed separately, the county department must file a statement regarding whether it continues to be in the best interests of the children or youth in the sibling group to be placed separately prior to any dispositional hearing. § 19-3-507(1)(b), C.R.S.; 12 CCR 2509-4: 7.301.24. 

6. Judicial Oversight of Sibling Placement and Contact

Courts in Colorado are required to review the county department's family services plan documentation regarding siblings at all dependency and neglect proceedings. § 19-3-213, C.R.S. The court must be provided with a proposed family time plan that includes the child’s or youth’s opportunity to communicate with siblings at the first hearing following the temporary custody hearing or within 30 days of removal. § 19-3-217, C.R.S.. If siblings are placed separately, the court must receive a statement regarding the continued appropriateness of separate placement prior to dispositional hearings. § 19-3-507(1)(b), C.R.S. The court is also required to set a review hearing within 91 days to determine whether it is in the best interests of the children or youth to be placed together if the disposition is placement out of the home. § 19-3-507(4)(a), C.R.S. 

In cases involving children who are under the age of six years old at the time of the filing of the Petition in Dependency and Neglect, the court must consider placement of children or youth together as a sibling group in determining whether a child or youth is in a permanent home. § 19-3-702(5)(f), C.R.S. If a placement change is contested by a party and the child or youth is not reunifying with a parent or legal guardian, the court must consider whether a person who could provide a permanent home for the child or youth is willing to maintain appropriate contact with siblings after adoption when such contact is safe, reasonable, and appropriate. § 19-3-702(6)(e), C.R.S. 

Courts may give preference to placement with adult siblings following an order terminating the parent-child legal relationship if the sibling has made a timely request for placement. § 19-3-605(1), C.R.S. In making placement decisions concerning a child or youth following an order terminating the parent-child legal relationship, courts are also required to consider whether a person who could provide a permanent placement for the child is willing to maintain appropriate contact after an adoption of the child with the child’s siblings when such contact is safe, reasonable, and appropriate. § 19-3-605(3)(e), C.R.S. 

7. Rights of Adult or Non-Party Siblings

Adult siblings in Colorado have the right to be considered as foster care providers, adoptive parents, and relative custodians for their siblings if they choose to do so. § 19-7-203, C.R.S. Relatives with information or knowledge about the child or youth may intervene as a matter of right following adjudication. § 19-3-507(5)(a), C.R.S. 

8. Guidance for Sibling Adoption

Colorado law requires county departments to include in their adoption report the names and current physical custody and location of any siblings of the child who are also available for adoption. § 19-5-207.3(1), C.R.S. There is a rebuttable presumption in favor of joint adoptive placement of siblings, which may be rebutted by a preponderance of the evidence that joint placement is not in the children's best interests. § 19-5-207.3(2)-(3), C.R.S. The court must consider whether it is in the best interests of the child to remain in an intact sibling group and review the family services plan regarding sibling placement. § 19-5-210(2)(e), C.R.S. The court may encourage reasonable family time among siblings when in the best interests of the children or youth and must review whether adoptive parents have received counseling regarding sibling relationships. § 19-5-210(7), C.R.S. 

9. Other Statutory Mentions of Siblings

Colorado statutes reference siblings in a variety of contexts, including parental relinquishment proceedings, § 19-5-104, C.R.S.; transition planning for youth leaving foster care, §§ 19-3-705, 19-7-305(1)(c)(X), 19-7-101(2)(i)(V), C.R.S.; and post-adoption contact agreements, §19-5-208, C.R.S.

10. Relevant Case Law Interpreting Statutes

In In re People in Interest of S.A., 511 P.3d 597 (Colo. 2022), the Colorado Supreme Court held that the Foster Youth Siblings Bill of Rights did not grant jurisdiction to the trial court to order therapeutic sibling contact between a dependent child and non-dependent siblings. However, the Colorado Supreme Court distinguished between the county department's responsibilities under the Foster Youth Siblings Bill of Rights and the court's jurisdiction to enter orders regarding contact between dependent and non-dependent siblings.

11. Relationship to Federal Laws [42 U.S.C.A. 671 (a)(31)]

Colorado's requirements regarding sibling placement and contact differ slightly from federal law. State statutes and regulations require "thorough efforts" to locate a joint placement for siblings, a standard that is not defined but may go beyond the federal "reasonable efforts" requirement. For sibling contact, there is no explicit "reasonable efforts" requirement, but siblings have a right to frequent and meaningful contact unless it is not in their best interests. The practical effect of these rights is subject to interpretation and may depend on the subjective best interest standard.

12. Statutory Provisions That Create a Procedure or Mechanism for People to Actually Enforce Their Sibling Rights (Both Contact and Placement)?

There is no explicit statutory provision in Colorado that creates a direct procedure or mechanism for individuals to enforce their sibling rights to contact or placement through the courts, aside from the general rights and processes described above. The statutes focus on the responsibilities of county departments and the oversight role of the courts, but do not provide a private right of action or a specific enforcement mechanism for siblings themselves.

13. Confidential Intermediary Program

Colorado’s Confidential Intermediary program is a court-appointed search service that allows a certified Confidential Intermediary (CI) access to sealed adoption files for the purpose of reuniting adult adoptees with their biological family members. Adult siblings of an adoptee are among the persons eligible to file a motion to appoint one or more CIs, so long as the adoptee is over eighteen years of age. § 19-5-304, C.R.S.  Former foster children who are eighteen years of age or older who are searching for a birth sibling who is also eighteen years of age or older may also petition the court to appoint a CI.  Id. If the court appoints a CI, the CI is required to make a diligent search of adoption records and post-adoption records in an effort to locate the adopted sibling. Id. If the adopted sibling is found, the CI is required to provide the adopted sibling with the opportunity to consent to or to refuse to allow contact by the sibling seeking contact. Id.  Consent from both parties is required before communication between the parties can occur.  Id.