Colorado § 19-1-111 Appointment of guardian ad litem

Colorado Statutes

§ 19-1-111 — Appointment of guardian ad litem

Colorado § 19-1-111

Title 19Children's

Art.General Provisions

This text of Colorado § 19-1-111 (Appointment of guardian ad litem) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 19-1-111 (2026).

Text

(1)The court shall appoint a guardian ad litem for every child under twelve years of age in all dependency and neglect cases pursuant to this title 19.

(2)The court may appoint a guardian ad litem in the following cases:

(a)For a child in a delinquency proceeding where:

(I)No parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent appears at the first or any subsequent hearing in the case;

(II)The court finds that a conflict of interest exists between the child and parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent; or

(III)The court makes specific findings that the appointment o

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(1) The court shall appoint a
guardian ad litem for every child under twelve years of age in all dependency and
neglect cases pursuant to this title 19.

(2) The court may appoint a guardian ad litem in the following cases:

(a) For a child in a delinquency proceeding where:

(I) No parent, guardian, legal custodian, custodian, person to whom parental
responsibilities have been allocated, relative, stepparent, or spousal equivalent
appears at the first or any subsequent hearing in the case;

(II) The court finds that a conflict of interest exists between the child and
parent, guardian, legal custodian, custodian, person to whom parental
responsibilities have been allocated, relative, stepparent, or spousal equivalent; or

(III) The court makes specific findings that the appointment of a guardian ad
litem is necessary to serve the best interests of the child and such specific findings
are included in the court's order of appointment.

(b) For a child in proceedings under the School Attendance Law of 1963,
article 33 of title 22, C.R.S., when the court finds that the appointment is necessary
due to exceptional and extraordinary circumstances;

(c) For a parent, guardian, legal custodian, custodian, person to whom
parental responsibilities have been allocated, stepparent, or spousal equivalent in
dependency or neglect proceedings who has been determined to have a behavioral
or mental health disorder or an intellectual and developmental disability by a court
of competent jurisdiction; except that, if a conservator has been appointed, the
conservator shall serve as the guardian ad litem. If the conservator does not serve
as guardian ad litem, the conservator shall be informed that a guardian ad litem has
been appointed.

(d) For an underage party seeking a marriage license, as provided in section
14-2-108 (2).

(e) For a youth who is twelve years of age or older in a dependency and
neglect case when the court determines a guardian ad litem is necessary due to the
youth's diminished capacity. The court shall not consider age or developmental
maturity as the sole basis for a determination of diminished capacity. The court
shall not deem a guardian ad litem appointed pursuant to this subsection (2)(e) to
be a substitute for a counsel for youth appointed pursuant to this section.

(2.5) A court shall not deem a guardian ad litem who is appointed by the
court for a juvenile in a delinquency proceeding pursuant to subsection (2) of this
section to be a substitute for defense counsel for the juvenile.

(3) The guardian ad litem for the child shall have the right to participate in all
proceedings as a party, except in delinquency cases.

(4) (a) Except as provided in paragraphs (b) and (c) of this subsection (4), the
appointment of a guardian ad litem pursuant to this section shall continue until
such time as the court's jurisdiction is terminated.

(b) The appointment of the guardian ad litem terminates in a delinquency
proceeding:

(I) At the time sentence is imposed, unless the court continues the
appointment because the child is sentenced to residential or community out-of-home placement as a condition of probation; or

(II) When the child reaches eighteen years of age, unless the court continues
the appointment because the court determines the appointment is necessary
because of the youth's diminished capacity.

(c) The court may terminate the appointment of a guardian ad litem in a
delinquency proceeding on its own motion or on the motion of the guardian ad litem
when the appointment is no longer necessary due to any of the following reasons:

(I) The child's parent, guardian, legal custodian, custodian, person to whom
parental responsibilities have been allocated, relative, stepparent, or spousal
equivalent appears at a hearing in the case;

(II) The conflict of interest described in subparagraph (II) of paragraph (a) of
subsection (2) of this section no longer exists; or

(III) The appointment no longer serves the best interests of the child.

(5) The guardian ad litem shall cooperate with any CASA volunteer
appointed pursuant to section 19-1-206.

(6) Any person appointed to serve as a guardian ad litem pursuant to this
section shall comply with any chief justice directive concerning the court
appointment of guardians ad litem and other representatives and of counsel for
youth and indigent persons in titles 14, 15, 22, and 27 and this title 19, and any
subsequent chief justice directive or other practice standards established by rule or
directive of the chief justice pursuant to section 13-91-105 concerning the duties or
responsibilities of guardians ad litem in legal matters affecting children.

Legislative History

Source: L. 87: Entire title R&RE, p. 702, � 1, effective October 1. L. 92: (1) amended, p. 221, � 4, effective July 1. L. 96: (5) added, p. 1089, � 2, effective May 23. L. 98: (2)(a)(I), (2)(a)(II), and (2)(c) amended, p. 1405, � 62, effective February 1, 1999. L. 2000: (6) added, p. 1774, � 4, effective July 1. L. 2006: (2)(c) amended, p. 1400, � 52, effective August 7. L. 2009: (2)(a)(III), (2)(b), and (4) amended, (SB 09-268), ch. 207, p. 942, � 3, effective May 1. L. 2014: (2.5) added, (HB 14-1032), ch. 247, p. 954, � 5, effective November 1. L. 2015: (6) amended, (SB 15-264), ch. 259, p. 952, � 41, effective August 5. L. 2017: (2)(c) amended, (SB 17-242), ch. 263, p. 1309, � 150, effective May 25. L. 2019: (2)(d) added, (HB 19-1316), ch. 380, p. 3422, � 6, effective August 2. L. 2022: (1), IP(4)(b), (4)(b)(II), and (6) amended and (2)(e) added, (HB 22-1038), ch. 92, p. 433, � 6, effective January 9, 2023.