Free INSTRUCTIONS FOR - Colorado

INSTRUCTIONS FOR VALIDATION OF FOREIGN 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
Foreign adoption process is seeking a decree declaring a valid adoption granted by a court of any country other than the United States of America. 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 19-5-207(2.5)(a.5)(III) where the court may allow the party to adopt the child. At least one of the Petitioners must be a citizen of the United States and a resident of the State of Colorado. The child is either a permanent resident or a naturalized citizen of the United States. A photocopy of the child's resident alien card issued by the immigration and naturalized service of the United States Department of Justice, or any successor entity, shall be sufficient evidence that the child is either a permanent resident or a naturalized citizen of the United States. 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/chs/court/ada/coordinators.htm

COMMON TERMS
Petition: Petitioner: Respondent: May: Shall: Document officially commences the Validation of a Foreign Adoption process. The person or persons filing a Petition for Validation of a Foreign Adoption. The person who files a response against the Petition for Validation of a Foreign Adoption. In legal terms, "may" is defined as "optional" or "can." In legal terms, "shall" is defined as "required."

If you do not understand this information, please contact an attorney.

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FEES
The filing fee of $167.00 is per Petitioner(s) seeking the adoption(s) and not per case. If you are adopting more than one child, please pay an additional $3.00 vital stats fee for each child you are seeking to adopt. 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 $158.00 Cost of Fingerprints Varies (Payable to local law enforcement) State Fingerprint-based Criminal History Check $16.50 (Payable to CBI by cash or money order only) Federal Fingerprint-based Criminal History Check $18.00 (Payable to Treasury of the United States by
money order or certified check)

Copy of Documents Certification Fee TRAILS Background Check Report of Adoption (one per child required)

$ .75 per page $20.00 per document
Payable to Colorado Department of Human Services ($20.00 processing fee plus $17.75 for 1st copy of Birth Certificate.) Each additional copy of the same birth certificate is $10.00.

$37.75 payable to Bureau of Vital Records.

FORMS
To access a form online go to www.courts.state.co.us and click on the tab "Self-Help/Forms" and then "Forms Directory". The packet/forms are available in PDF or WORD by selecting "Adoption". You may complete a form online or you print it and type or print legibly in black ink. JDF 527 JDF 454 JDF 524 Petition For Validation of Foreign Adoption Statement of Attorney fees Decree Validating Foreign Adoption

STEPS TO FILING YOUR CASE
Step 1: Complete the required fingerprint-based criminal history record checks.
The prospective adoptive parent must submit a fingerprint-based criminal history record check from the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) at the time the case is filed. Please follow these steps: Contact your local law enforcement office to be fingerprinted. The Court may provide you with two fingerprint cards, or, in the event that your local court does not provide them, your local sheriff's department should. You will see a box labeled "Reason Fingerprinted" on the card in the upper left hand corner. State in the reason printed block of the card "§19-5-207 Adoption." It is important that the CBI and FBI know that the criminal history record check is for an adoption. Please write your name, home address, and date of birth clearly on the fingerprint card. If the agency completing the fingerprints uses an electronic print system, please do not write on the cards as the agency will automatically input the information. You are responsible for mailing or hand-delivering the completed fingerprint cards to CBI and FBI. It can take 12-18 weeks to receive your criminal history check back from the FBI. It can take 4 weeks to receive your criminal history check back from the CBI. The criminal history results must be conducted within 90 days prior to the filing of the Petition. For this reason, it is best to mail your FBI fingerprint card, wait 8-10 weeks, and then mail or hand-deliver your CBI fingerprint card. You will be provided with a full report from both agencies. For additional information on FBI requests, please review their website at the following link: http://www.fbi.gov/hq/cjisd/fprequest.htm Mail the completed fingerprint card to the FBI at, Criminal Justice Information Services (CJIS) Division ­ Record Request, 1000 Custer Hollow Road, Clarksburg, WV 26306 along with a certified check or money order in the amount of $18.00. Do not fold the fingerprint card.

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Mail or hand-deliver your completed CBI fingerprint card to the CBI at 690 Kipling, Denver, Colorado 80215 along with a money order in the amount of $16.50. Do not fold the fingerprint card. If you hand-deliver the fingerprint card, you can also pay by cash. If you have a felony conviction recorded in Colorado or any other state, and you know that it is inaccurate, it is your responsibility to obtain the disposition information from the court where such action occurred as identified in the CBI and FBI reports. You are also responsible for providing certified copies of any criminal dispositions that are not reflected in the Colorado Bureau of Investigation or Federal Bureau of Investigation records and any other dispositions which are unknown by contacting the agency where such actions occurred.

Step 2:

Complete TRAILS Background Check.

Information to complete this background check can be found at the Colorado Department Human Services (CDHS) website. The fee for this background check is payable to CDHS. This is not a JDF form. Please use the following link to access the individual inquiry form and to obtain current fee amounts. http://www.cdhs.state.co.us/ea/PDFs/Individual.pdf

Step 3:

Complete appropriate forms.

Please refer to the list of required forms above to determine which forms must be submitted when filing your case based on your individual circumstances. The caption on page 3 needs to be completed on all forms filed

District Court Denver Juvenile Court __________________________________County, Colorado Court Address: IN THE MATTER OF THE PETITION OF: (Name of person(s) seeking to adopt) FOR VALIDATION OF A FOREIGN DECREE OF ADOPTION Attorney or Party Without Attorney (Name and Address): Phone Number: FAX Number: E-mail: Atty. Reg. #: NAME OF FORM

COURT USE ONLY
Case Number: Division Courtroom

Petition for Validation of Foreign Adoption (JDF 527): If more than one child is being adopted you will be required to prepare a separate Petition for each child. Each child being adopted will have his or her own case for confidentially purposes. The filing fee of $167.00 is per Petitioner(s) seeking the adoption(s) and not per case. If you are adopting more than one child, please pay an additional $3.00 vital stats fee for each child you are seeking to adopt. The Petition must be signed in the presence of a Court Clerk or Notary Public. Please complete all sections of this form. Attach current fingerprint-based criminal history record checks to the Petition and label as Exhibit A. Attach TRAILS Background Check and label as Exhibit B. Provide the following documents. Original or certified copy of the child's birth certificate. Original or certified copy of a valid foreign adoption decree. Notarized translation of the valid foreign adoption decree. Photocopy of the Petitioner(s) driver's license. Verified Statement of Fees Charged (JDF 454): The petition is to be accompanied by a Statement of Fees form disclosing any and all fees, costs, or expenses charged or to be charged by any person or agency in connection with the adoption. Written Consent of Agency, if applicable. Provide name of agency, if any, to which custody of the child has been given by proper order of the Court and the written consent of the agency having authority to consent to the adoption.

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Final Decree Validating Foreign Adoption (JDF 524): (Original and 3 copies for each child) a. Original is for the file. b. One to be certified for adopting parent, cost is $20.00 for each form. c. One certified copy goes to the Vital Records Section of Colorado Department of Public Health and Environment for purposes of obtaining a new birth certificate. d. One for the attorney of record, (if applicable). Report of Adoption/Obtaining a Birth Certificate. This is not a JDF form. Please use the following link to access the Report of Adoption. http://www.cdphe.state.co.us/certs/adoptreport.pdf

Step 4:

File Documents with the Court.

You have completed all background checks as mentioned in Step 1 and 2. Please provide the Court with the actual fingerprint cards that are attached to the fingerprint-based criminal history record check. You have completed all the necessary paperwork and have completed the appropriate forms mentioned in Step 3. Pay the filing fee of $167.00. The filing fee of $167.00 is per Petitioner(s) seeking the adoption and not per case. If you are adopting more than one child, please pay an additional $3.00 vital stats fee for each child you are seeking to adopt. Be sure to provide a self-addressed stamped envelope with the documents you file with the Court.

Step 5:

Be prepared for your Hearing, if applicable.

The documents will be signed at the end of the hearing.

Report of Adoption
After the Judge or Magistrate signs the Final Decree of Adoption, the birth certificate can be ordered. You or your attorney will need to prepare a document, called the Report of Adoption. Complete items 1 through 10. Section 6 should be completed by the attorney, if applicable. Once you complete the form online, print two copies for submission to the Court. The Court will certify the bottom portion of the form and send the Report of Adoption to the Office of the State Registrar of Vital Statistics within one week from issuing the Final Decree of Adoption. New Requirement to obtain a Birth Certificate. The Office of the State Registrar will contact you or your attorney within 4 ­ 6 weeks from the receipt of the Court order in their office. You or your attorney will need to complete the application provided by the Vital Records Division with a photocopy of your driver's license, state identification card, passport, or other State or Federally issued ID card (legal representatives must provide proof of client relationship). The Vital Records Office will not issue a birth certificate without the $37.75 and a photocopy of one of the forms of ID mentioned above. If you have an attorney listed in section 6 on the Report of Adoption, the notification will be forwarded to the attorney. One Report of Adoption is required for each child. If the child was born in the State of Colorado or born out of the United States, the Vital Records Office will send Notification and an Application for a Certified Copy of a Birth Certificate to your attorney. If no attorney is listed on the Report of Adoption the Notification and Application will be sent to you. The Court will not be accepting payments for the Colorado Vital Records Office.

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Helpful Hints when completing the Report of Adoption:
Check the Report of Adoption carefully. The Vital Records Section will not accept the report if there are mistakes, cross-outs, or white-out entries. The information on the Report of Adoption in sections 8 ­ 10 must agree with what is on child's original birth certificate.

Preparation of Birth Certificate:
The birth certificate will be prepared and issued by the Colorado Department of Public Health and Environment. It takes anywhere from 4 - 6 weeks to prepare a birth certificate in Colorado. It is important that you supply a current address on the Report of Adoption to prevent any delay in getting the Notification and Application for a certified copy of a Birth Certificate to you. If there are any problems in getting the birth certificate prepared, you will need to contact the Vital Records Section of the Colorado Department of Public Health and Environment directly. The address and telephone number is: Vital Records/Adoption Specialist Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South HSVRD-DM-A1 Denver, Colorado 80246-1530 (303) 692-2227 Link to Website: http://www.cdphe.state.co.us/certs/adoption.html

When you receive your certificate please check it over carefully!
Be sure that names, dates, and ages are correct. If there is a mistake caused by the documentation you supplied, you will need to fill out an Amended Report of Adoption, which will have to be signed by the Court and then sent to the Colorado Department of Public Health and Environment for correction and reissuance of another birth certificate. There is a $20.00 fee charged by the Vital Records Office for this process. You will need to contact the Colorado Department of Public Health and Environment for their fee schedule and exchange policy.

JDF 497

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INSTRUCTIONS FOR VALIDATION OF FOREIGN ADOPTION

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