§ 13-92-101 — Legislative declaration

Colorado § 13-92-101

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Office of the Respondent Parents' Counsel

Text

(1) The general assembly finds and
declares that:

(a) Respondent parents' counsel plays a critical role in helping achieve the
best outcomes for children involved in dependency and neglect proceedings by
providing effective legal representation for parents in dependency and neglect
proceedings, protecting due process and statutory rights, presenting balanced
information to judges, and promoting the preservation of family relationships when
appropriate;

(b) There is a need to establish additional and equitable funding to
compensate respondent parents' counsel; and

(c) A clear set of practice standards for respondent parents' counsel needs
to be established and made available to all parties involved in dependency and
neglect proceedings.

(2) Therefore, the general assembly declares that it is in the best interests of
the children and parents of the state of Colorado to have an independent office to
oversee the respondent parents' counsel to improve the quality of legal
representation for parents involved in dependency and neglect proceedings and
who often do not have the financial means to afford legal representation.

(3) It is the intent of the general assembly to establish a respondent parents'
counsel governing commission by July 1, 2015, and the office of the respondent
parents' counsel in the state judicial department, beginning January 1, 2016. It is the
further intent of the general assembly that all existing and new state paid
respondent parent counsel appointments be transferred on July 1, 2016, to the
operational structure recommended in the final report to the office of the state
court administrator by the respondent parents' counsel work group, due on or
before September 30, 2014, and set forth in section 13-92-103 (1)(b).

(4) (a) To implement the recommendations from the respondent parents'
counsel work group, as referenced in subsection (3) of this section, the state
judicial department shall include an appropriate fiscal request to the joint budget
committee on or before November 1, 2014.

(b) The costs associated with the establishment of the office, including any
associated FTE, shall be paid for by a transfer from the state judicial department
mandated costs line item. It is the further intent of the general assembly that, for
fiscal year 2015-16 and fiscal years thereafter, an appropriation shall be made to
the office of the respondent parents' counsel for the purpose of payment of all
financial obligations previously covered by the state judicial department mandated
costs line item relating to the provision of services provided by the respondent
parents' counsel as set forth in this article.

Legislative History

Source: L. 2014: Entire article added, (SB 14-203), ch. 281, p. 1139, � 1, effective August 6. L. 2015: (3) amended, (HB 15-1149), ch. 116, p. 350, � 1, effective April 24.