1. (1) If there is reason to know that a child who is the subject of a child custody proceeding is an Indian child, active efforts are required and the court shall make an initial determination whether active efforts have been made to prevent removal of the Indian child from the family. If the Indian child has been removed from the family, the court shall determine whether active efforts have been made to reunite the family.
2. (2) Active efforts require a higher standard of conduct than reasonable efforts.

3. (3) Active efforts must:

   1. (a) Be documented in detail in writing or orally on the record;
   2. (b) If the Indian child is alleged to be within the jurisdiction of the court pursuant to section 19-1.2-116, include actively assisting the Indian child's parent or parents or Indian custodian through the steps of a case plan and accessing or developing the resources necessary to satisfy the case plan;
   3. (c) Include providing assistance in a manner consistent with the prevailing social and cultural standards and way of life of the Indian child's tribe;
   4. (d) Be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodian, and tribe; and
   5. (e) Be tailored to the facts and circumstances of the case.

4. (4) Active efforts may include, as applicable, the following:

   1. (a) Conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on reunification as the primary and most desirable goal;
   2. (b) Identifying appropriate services and helping the Indian child's parents overcome barriers to reunification, including actively assisting the Indian child's parents with obtaining the identified services;
   3. (c) Identifying, notifying, and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, resolution of placement issues, reviews, or other case-management-related meetings;
   4. (d) Conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with the Indian child's extended family members and adult relatives to provide family structure and support for the Indian child and the Indian child's parents;
   5. (e) Offering and employing culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe;
   6. (f) Taking steps to keep the Indian child and the Indian child's siblings together, whenever possible;
   7. (g) Supporting regular family time with the Indian child's parents or Indian custodian in the most natural setting possible, as well as trial home visits during a period of removal, consistent with the need to ensure the health, safety, and welfare of the Indian child;
   8. (h) Identifying and making appropriate referrals to community resources, including housing, financial assistance, employment training, transportation, mental health care, health care, substance abuse prevention and treatment, parenting training, transportation, peer support services necessary to maintain the child in the home or to rehabilitate the family so that the child can safely return home, and actively assisting the Indian child's parents or, when appropriate, the Indian child's family, in utilizing and accessing such resources;
   9. (i) Monitoring progress and participation of the Indian child's parents, Indian custodian, or extended family members in the services described in subsections (4)(b), (4)(c), (4)(e), and (4)(h) of this section;
   10. (j) Considering alternative ways to address the needs of the Indian child's parents, Indian custodian, and, when appropriate, the Indian child's family if the services described in this section are unavailable or the optimum services do not exist or are not available;
   11. (k) Providing post-reunification services and monitoring while the Indian child remains in the court's jurisdiction;
   12. (l) Contacting the Indian child's tribe to determine what, if any, tribal resources are available; and
   13. (m) Any other efforts that are appropriate to the Indian child's circumstances.
5. (5) In a child custody proceeding brought pursuant to article 3 of this title 19, if the court finds that a county department did not provide active efforts to make it possible for the Indian child to safely return home, at a permanency hearing the court shall not change the permanency plan to something other than to reunite the family.
6. (6) Unless stipulated by the parties and not objected to by the Indian child's tribe, in any proceeding brought pursuant to article 3 of this title 19, if the court finds that a county department did not provide active efforts to make it possible for the Indian child to safely return home, the court shall not set a date for a permanent orders hearing, including, but not limited to, guardianship, allocation of parental responsibilities, or termination of parental rights, until the county department provides active efforts for the number of days that active efforts were not previously provided.

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