HB 19-1232 Summary

• Aligns Colorado state law with the 2016 federal Indian Child Welfare Act (ICWA) regulations codified at 25 CFR 23 to ensure compliance with federal law.

• Requires courts to make continuing inquiries at the commencement of child custody proceedings to determine whether a child is an Indian child and identify the child's tribe, with all responses on the record.

• Establishes specific circumstances that give courts reason to know a child is an Indian child, including direct notification from participants, tribal information, domicile on a reservation, or possession of tribal membership identification.

• Mandates that petitioning or filing parties send notice by certified mail to the child's parents, Indian custodians, and the identified tribe within seven business days of hearing, and requires disclosure of all tribal responses to parties and the court.

• Requires courts to treat a child as an Indian child unless and until determined otherwise on the record, and mandates parties exercise due diligence in gathering information about potential Indian heritage when there is reason to know the child may be eligible for tribal membership.