§ 13-91-102 — Legislative declaration

(1) (a) The general assembly hereby
finds that the legal representation of and non-legal advocacy on behalf of children
is a critical element in giving children a voice in the Colorado court system. The
general assembly further finds that the representation of children is unique in that
children often have no resources with which to retain the services of an attorney or
advocate, they are unable to efficiently provide or communicate to such an attorney
or advocate the information needed to effectively serve the best interests or
desires of that child, and they lack the ability and understanding to effectively
evaluate and, if necessary, complain about the quality of representation they
receive. Accordingly, the general assembly finds that the representation of children
necessitates significant expertise as well as a substantial investment in time and
fiscal resources. The general assembly finds that, to date, the state has been
sporadic, at best, in the provision of qualified services and financial resources to
this disadvantaged and voiceless population.

(b) Accordingly, the general assembly hereby determines and declares that
it is in the best interests of the children of the state of Colorado, in order to reduce
needless expenditures, establish enhanced funding resources, and improve the
quality of representation and advocacy provided to children in the Colorado court
system, that an office of the child's representative be established in the state
judicial department.

(2) It is the intent of the general assembly that an office of the child's
representative shall be established pursuant to this article and operational over the
course of a two-year period. It is further the intent of the general assembly that a
board and a director of the office shall be appointed as specified in section 13-91-104 and that the operational structure of the office shall be established during
fiscal year 2000-01. The costs associated with the establishment of the office,
including the associated FTE, shall be paid for by a transfer from the state judicial,
trial courts, mandated costs line item. In addition, it is the intent of the general
assembly that, for fiscal year 2001-02 and fiscal years thereafter, an appropriation
shall be made to the office of the child's representative in the state judicial
department for the purpose of payment of all financial obligations previously
covered by the judicial department, trial courts, mandated costs line item relating
to the provision of those legal services to children that are addressed in this article.

Legislative History

Source: L. 2000: Entire article added, p. 1766, � 1, effective July 1.