§ 13-92-104 — Duties of the office of the respondent parents' counsel

Colorado § 13-92-104

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

Text

(1) The
office has the following duties, at a minimum:

(a) Enhancing the provision of respondent parent counsel services in
Colorado by:

(I) Ensuring the provision and availability of high-quality legal representation
for parents involved in dependency and neglect proceedings brought pursuant to
article 3 of title 19, C.R.S., and as provided for in section 19-3-202, C.R.S.; and

(II) Making recommendations for minimum practice standards to which
attorneys serving as respondent parent counsel shall be held;

(b) Establishing fair and realistic state rates by which to compensate
respondent parent counsel. The state rates must take into consideration any
caseload limitations placed upon respondent parent counsel and must be sufficient
to attract and retain high-quality, experienced attorneys to serve as respondent
parent counsel.

(c) Enforcing, as appropriate, the provisions of this section;

(d) Working cooperatively with the judicial districts to establish pilot
programs, as appropriate, designed to enhance the quality of respondent parent
counsel at the local level; and

(e) Annually reviewing and evaluating the office's performance to determine
whether the office is effectively and efficiently meeting the goals of improving
child and family well-being and the duties set forth in this section. The report must
be submitted on or before January 1, 2017, and annually thereafter, to the state
court administrator's office.

(2) The rate contracted for attorney time pursuant to subsection (1)(b) of this
section for fiscal year 2023-24 is one hundred dollars per hour. The hourly rate
must be increased annually by no more than five dollars each year until the hourly
rate is at least seventy-five percent of the rate set pursuant to the federal Criminal
Justice Act Revision of 1986, 18 U.S.C. sec. 3006A, as amended, for indigent
representation in federal court. The hourly rate may be adjusted in subsequent
fiscal years to maintain the hourly rate at or above seventy-five percent of the rate
set pursuant to the federal Criminal Justice Act Revision of 1986, 18 U.S.C. sec.
3006A, as amended, for indigent representation in federal court.

(3) Employees of the office are prohibited from providing direct legal
representation to respondent parents. For the purpose of determining eligibility for
federal public service loan forgiveness, an independent contractor, including an
attorney, a social worker, a family advocate, or a parent advocate, who is providing
or has provided legal services to respondent parents pursuant to the contractor's
contract has a conflict that prohibits the contractor from providing these services
as a state employee. The director or the director's designee is authorized to sign a
certification for any current or past independent contractor that certifies that the
contractor appears to be eligible for federal public service loan forgiveness as
allowed by federal law or regulations. With the authorization of an independent
contractor, the director or the director's designee may share information, including
the contractor's name, the contractor's social security number or federal employer
identification number, and the total number of hours billed by the contractor by
calendar year, with other judicial agencies for the purpose of certifying apparent
past, current, and future eligibility for public service loan forgiveness allowed by
federal law or regulations.

Legislative History

Source: L. 2014: Entire article added, (SB 14-203), ch. 281, p. 1141, � 1, effective August 6. L. 2017: (1)(e) amended, (SB 17-241), ch. 171, p. 624, � 4, effective January 2, 2020. L. 2023: (2) added, (SB 23-227), ch. 77, p. 280, � 3, effective August 7. L. 2024: (3) added, (HB 24-1374), ch. 181, p. 980, � 3, effective May 15.