§ 19-3-203 — Right to guardian ad litem and counsel for youth

Colorado § 19-3-203

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Dependency and Neglect

Text

(1) Upon the
filing of a petition pursuant to section 19-3-502 that alleges abuse or neglect of a
child, the court shall appoint a guardian ad litem for any child who is under twelve
years of age. The guardian ad litem must be an attorney-at-law licensed to practice
in Colorado and approved by the office of the child's representative created in
section 13-91-104. Nothing in this section limits the power of the court to appoint a
guardian ad litem prior to the filing of a petition for good cause.

(2) Upon the filing of a petition pursuant to section 19-3-502 that alleges
abuse or neglect of a child, the court shall appoint counsel for youth for any child or
youth who is twelve years of age or older. The counsel for youth must be an
attorney-at-law licensed to practice in Colorado and approved by the office of the
child's representative created in section 13-91-104. The court may appoint the same
attorney, as long as the attorney does not assert there is a conflict of interest as
defined under the applicable rules of professional conduct, to represent the best
interests of younger siblings who are under twelve years of age as a guardian ad
litem and to represent youth in the sibling group who are twelve years of age or
older as a counsel for youth. Until the court's jurisdiction is terminated,
appointment of counsel for youth pursuant to this section continues. A child's or
youth's right to counsel may not be waived. Nothing in this section limits the power
of the court to appoint counsel for youth prior to the filing of a petition for good
cause.

(3) A guardian ad litem who is currently appointed to represent the best
interests of a child or youth pursuant to this section shall transition to client-directed counsel for youth immediately upon a child's twelfth birthday and act in
this role until either the case is dismissed or new counsel is appointed, unless the
court finds it necessary to appoint a guardian ad litem because the child or youth
has diminished capacity, in which case the guardian ad litem remains in that role
and the court shall appoint separate counsel for youth for the child. Counsel for
youth shall notify the court and parties of the change, and the court shall issue a
new order of appointment within seven days.

(4) The guardian ad litem or counsel for youth must be provided with all
reports relevant to a case submitted to or made by any agency or person pursuant
to this article 3, including reports of examination of the child or youth or persons
responsible for the neglect or dependency of the child or youth. The county
department shall share with the guardian ad litem or the counsel for youth the
reports of fingerprint-based criminal history record checks from the Colorado
bureau of investigation and from the federal bureau of investigation if the court
orders the county department to share that information with the guardian ad litem
or the counsel for youth. The guardian ad litem or counsel for youth must have
access to the child or youth and confidential information regarding the child or
youth, including but not limited to the child's or youth's educational, medical, and
mental health records; social service agency files; court records, including court
files involving allegations of abuse or neglect of the child or youth; delinquency
records involving the child or youth; and any other information regarding the child
relevant to the issues in the proceeding and reports that form the basis of
recommendations made to the court. This section does not confer an independent
right to obtain a parent's information or parent's records that are confidential or
that are otherwise privileged under state or federal law. The court and social
workers assigned to the case shall keep the guardian ad litem or counsel for youth
apprised of significant developments in the case, particularly prior to further
neglect or dependency court appearances.

(5) The guardian ad litem is charged in general with the representation of the
child's best interests. To that end, the guardian ad litem shall make such further
investigations as the guardian ad litem deems necessary to ascertain the facts and
shall talk with or observe the child involved, examine and cross-examine witnesses
in both the adjudicatory and dispositional hearings, introduce and examine the
guardian ad litem's own witnesses, make recommendations to the court concerning
the child's welfare, appeal matters to the court of appeals or the supreme court,
and participate further in the proceedings to the degree necessary to adequately
represent the child. In addition, the guardian ad litem, if in the best interest of the
child, shall seek to assure that reasonable efforts are being made to prevent
unnecessary placement of the child out of the home and to facilitate reunification
of the child with the child's family or, if reunification is not possible, to find another
safe and permanent living arrangement for the child. In determining whether said
reasonable efforts are made with respect to a child, and in making such reasonable
efforts, the child's health and safety are the paramount concern.

(6) A person appointed to serve as counsel for youth pursuant to this section
shall comply with the Colorado rules of professional conduct, provisions set forth in
a chief justice directive concerning the court appointment of counsel for youth in
this title 19, and subsequent chief justice directives or practice standards
established by rule or directive of the chief justice pursuant to section 13-91-105
concerning the duties and responsibilities of a guardian ad litem and counsel for
youth in legal matters affecting children or youth. Counsel for youth shall ensure
that the child or youth has representation through pending appeals.

(7) A guardian ad litem may be appointed for a child or youth twelve years of
age or older if necessary because the child or youth has diminished capacity. The
court shall not consider age or developmental maturity as the sole basis for an
appointment of a guardian ad litem pursuant to this section.

Legislative History

Source: L. 87: Entire title R&RE, p. 761, � 1, effective October 1. L. 92: (1) amended, p. 224, � 9, effective July 1. L. 93: (3) amended, p. 2013, � 3, effective July 1. L. 98: (3) amended, p. 1417, � 3, effective July 1. L. 2001: (3) amended, p. 846, � 7, effective June 1. L. 2015: (1) and (2) amended, (SB 15-087), ch. 263, p. 1012, � 8, effective June 2. L. 2021: (4) and (5) added, (HB 21-1094), ch. 340, p. 2215, � 4, effective June 25. L. 2022: (4) amended, (HB 22-1245), ch. 88, p. 418, � 3, effective August 10; entire section amended, (HB 22-1038), ch. 92, p. 434, � 9, effective January 9, 2023.