C.R.S. Section 19-1-111
Appointment of guardian ad litem

(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)

Intentionally left blank —Ed.

(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.

Source: Section 19-1-111 — Appointment of guardian ad litem, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑1‑101
Short title 19‑1‑102
Legislative declaration 19‑1‑103
Definitions 19‑1‑104
Jurisdiction 19‑1‑105
Right to counsel and jury trial 19‑1‑106
Hearings - procedure - record 19‑1‑107
Social study and other reports 19‑1‑108
Magistrates - qualifications - duties 19‑1‑109
Appeals - child welfare appeals workgroup - created - reports 19‑1‑110
Previous orders and decrees - force and effect 19‑1‑111
Appointment of guardian ad litem 19‑1‑111.5
Court-appointed special advocate 19‑1‑112
Search warrants for the protection of children 19‑1‑113
Emergency protection orders 19‑1‑114
Order of protection 19‑1‑115
Legal custody - guardianship - placement out of the home - petition for review for need of placement 19‑1‑115.3
Missing children and youth from out-of-home placement - required reporting to law enforcement 19‑1‑115.5
Placement of children out of home - legislative declaration 19‑1‑115.7
Foster care prevention services - provision of services - rights and remedies - exchange of information 19‑1‑116
Funding - alternatives to placement out of the home - services to prevent continued involvement in child welfare system 19‑1‑117.7
Requests for placement - legal custody by grandparents 19‑1‑123
Expedited procedures for permanent placement - children under the age of six years - designated counties 19‑1‑124
Providers of children’s services using federal or state moneys - use of state accounting standards 19‑1‑125
Family stabilization services 19‑1‑126
Compliance with the federal “Indian Child Welfare Act of 1978” 19‑1‑127
Responsibility for placement and care 19‑1‑129
Department - research authorized - prenatal substance exposure - newborn and family outcomes - report 19‑1‑130
Access to services related to out-of-home placement - definitions 19‑1‑131
Children of parents who are incarcerated - rules 19‑1‑201
Legislative intent 19‑1‑202
Creation of CASA programs 19‑1‑203
Program director 19‑1‑204
Training requirements 19‑1‑205
Selection of CASA volunteers 19‑1‑206
Appointment of CASA volunteers 19‑1‑207
Restrictions 19‑1‑208
Duties of CASA volunteer 19‑1‑209
Role and responsibilities of guardians ad litem - other parties 19‑1‑210
Access to information 19‑1‑211
Confidentiality 19‑1‑212
Liability 19‑1‑213
State CASA entity - duties - state court administrator duties - state court-appointed special advocate fund - definitions 19‑1‑301
Short title 19‑1‑302
Legislative declaration 19‑1‑303
General provisions - delinquency and dependency and neglect cases - exchange of information - civil penalty - rules - definitions 19‑1‑304
Juvenile delinquency records - division of youth services critical incident information - definitions 19‑1‑305
Operation of juvenile facilities 19‑1‑306
Expungement of juvenile delinquent records - definition 19‑1‑307
Dependency and neglect records and information - access - fee - records and reports fund - misuse of information - penalty - adult protective services data system check - rules 19‑1‑308
Parentage information 19‑1‑309
Relinquishments and adoption information 19‑1‑309.3
Exchange of information for child support purposes - process 19‑1‑309.5
Adoptive family resource registry
Green check means up to date. Up to date

Current through Fall 2024

§ 19-1-111’s source at colorado​.gov