1. (1) The general assembly finds and declares that:

   1. (a) Historically, an alarmingly high percentage of Indian families were disrupted by the removal, often unwarranted, of their children by non-tribal public and private agencies, and that a disturbingly high percentage of those Indian children were placed in non-Indian foster and adoptive homes and institutions;
   2. (b) As a result of these actions, thousands of Indian families, tribal nations, and entire cultures were devastated;
   3. (c) The states, in exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, historically failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and cultures;
   4. (d) In response to these circumstances, the United States congress passed the federal Indian Child Welfare Act of 1978, 25 U.S.C. sec. 1901 et seq., known as ICWA, to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by establishing minimum federal standards for the removal of Indian children from their families and for the placement of those Indian children in foster or adoptive homes that would reflect the unique values of Indian culture. The act provides assistance to Indian tribes in the operation of child and family service programs.
   5. (e) ICWA has been the subject of targeted attacks in the federal courts, including most recently in Haaland v. Brackeen, 599 U.S. 255 (2023), in which the United States supreme court upheld ICWA in its entirety. Even with Haaland v. Brackeen upholding ICWA, the law remains subject to challenge.
   6. (f) The Colorado general assembly can combat challenges to ICWA by upholding ICWA's recognized gold standard in child welfare protection;
   7. (g) As of 2025, seventeen states have passed comprehensive state ICWA laws while Colorado has adopted parts of the federal law and, most recently in Senate Bill 23-211, adopted and incorporated ICWA and its regulations by reference as Colorado law;
   8. (h) A critical element of ICWA is the requirement to notify an Indian child's tribe when a state court proceeding is commenced that could result in the placement of the Indian child out of the Indian child's home. The purpose of the notice is to provide the Indian child's tribe the opportunity to transfer the case to a tribal court or otherwise participate in the state court proceeding.
   9. (i) To achieve these goals, it is crucial to determine, consistently and faithfully, whether a child who is the subject of these types of state court proceedings is an Indian child and to ensure that, if so, appropriate and timely notice is provided, particularly notice to the relevant tribes when the county department of human or social services receives information that a child may be an Indian child;
   10. (j) The state of Colorado has previously recognized that Indian tribes have a compelling interest in promoting and maintaining their integrity and culture by entering into federal Indian Child Welfare Act of 1978 agreements with the Southern Ute Indian Tribe and the Ute Mountain Ute Indian Tribe. The agreements, among other things, place stringent notice requirements on the state in proceedings involving Indian children and provide for the delay of proceedings until the required notice has been provided to the tribe in question. The state of Colorado further recognizes that the department of human services may also enter into a tribal-state agreement with tribes outside of Colorado that have significant numbers of member Indian children or membership-eligible Indian children residing in Colorado.
   11. (k) Colorado is committed to the consistent application of and compliance with the federal ICWA throughout the state to ensure that proper notice is provided and procedures are followed as specified by ICWA when state court actions involve Indian children; and
   12. (l) Nothing is more vital to the continued existence and integrity of Indian tribes than their children.

2. (2) Therefore, the general assembly determines and declares that:

   1. (a) It is appropriate and in the best interests of the Indian families who are intended to be protected by the terms of the federal Indian Child Welfare Act of 1978 and the Indian children represented thereby that:

      1. (I) The federal Indian Child Welfare Act of 1978 agreements entered into between the state of Colorado and the Southern Ute Indian Tribe and the Ute Mountain Ute Indian Tribe are reaffirmed; and
      2. (II) A comprehensive Colorado Indian Child Welfare Act is enacted to ensure consistent and reliable compliance with the federal ICWA for the protection of Indian children within Colorado and to ensure that Indian children in this state are protected as stated should the federal law be appealed, modified, or otherwise annulled;
   2. (b) The state of Colorado recognizes all federally recognized Indian tribes as having the inherent authority to determine their own jurisdiction for any and all Indian child custody or child placement proceedings, regardless of whether the tribe's members are on or off the reservation and regardless of the procedural posture of the proceeding;
   3. (c) The state of Colorado has long recognized the importance of Indian children to their tribes, not only as members of tribal families and communities but also as the tribe's greatest resource as future members and leaders of the tribe. The vitality of Indian children in Colorado is essential to the health and welfare of both the state and tribes, and is essential to the future welfare and continued existence of the tribes.
   4. (d) It is the policy of the state to cooperate fully with Indian tribes and tribal citizens to ensure that the intent and provisions of the federal ICWA are enforced; and
   5. (e) Advancing ICWA is consistent with the Colorado Children's Code and with article II of the state constitution.
3. (3) Therefore, the general assembly declares that the purpose of this article 1.2 is to codify the federal Indian Child Welfare Act of 1978 into state law and to provide additional protections for Indian children pursuant to state law.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1782, § 2, effective August 6.