C.R.S. Section 19-3-203
Right to guardian ad litem and counsel for youth

(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.

Source: Section 19-3-203 — Right to guardian ad litem and counsel for youth, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑3‑100.5
Legislative declarations - reasonable efforts - movement of children and sibling groups 19‑3‑102
Neglected or dependent child 19‑3‑103
Child not neglected - when 19‑3‑104
Hearings - procedure 19‑3‑201
Venue 19‑3‑201.5
Change of venue - county department and county attorney responsibilities - rules 19‑3‑202
Right to counsel and jury trial 19‑3‑203
Right to guardian ad litem and counsel for youth 19‑3‑205
Continuing jurisdiction 19‑3‑206
Representation of petitioner 19‑3‑207
Inadmissibility of certain evidence 19‑3‑208
Services - county required to provide - out-of-home placement options - rules - definitions 19‑3‑209
Individual case plan - required 19‑3‑210.5
Foster parents’ bill of rights 19‑3‑211
Conflict resolution process - rules - definitions 19‑3‑212
Notice of rights and remedies for families 19‑3‑213
Placement criteria 19‑3‑214
Placement reporting 19‑3‑215
Foster care - capacity may be exceeded for sibling groups 19‑3‑216
Rules 19‑3‑217
Family time upon removal - rules 19‑3‑301
Short title 19‑3‑302
Legislative declaration 19‑3‑304
Persons required to report child abuse or neglect 19‑3‑304.2
Mandatory reporter task force - creation - reporting - definitions - repeal 19‑3‑304.3
Domestic abuse task force - creation - best practices and training for recognition of domestic abuse as child abuse or neglect - policies and procedures - rules 19‑3‑304.5
Emergency possession of certain abandoned children - definition 19‑3‑305
Required report of postmortem investigation 19‑3‑306
Evidence of abuse - color photographs and X rays 19‑3‑307
Reporting procedures 19‑3‑308
Action upon report of intrafamilial, institutional, or third-party abuse - investigations - child protection team - rules - report 19‑3‑308.3
Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation 19‑3‑308.5
Recorded interviews of child 19‑3‑309
Immunity from liability - persons reporting 19‑3‑309.5
Preconfirmation safety plan agreement - first-time minor incidents of child abuse or neglect - rules 19‑3‑310
Child abuse and child neglect diversion program 19‑3‑311
Evidence not privileged 19‑3‑312
Court proceedings 19‑3‑313.5
State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality 19‑3‑315
Federal funds 19‑3‑317
Screening tool - human trafficking 19‑3‑401
Taking children into custody 19‑3‑402
Duty of officer - notification - release or detention 19‑3‑403
Temporary custody - hearing - time limits - restriction - rules 19‑3‑403.5
Temporary shelter 19‑3‑404
Temporary shelter - child’s home 19‑3‑405
Temporary protective custody 19‑3‑406
Relatives or kin as providers of emergency, nonemergency, or continued placement for children or youth - initial criminal history record check - fingerprint-based criminal history record check - criteria for disqualification - use of criminal justice records - rules - definitions 19‑3‑500.2
Legislative declaration 19‑3‑501
Petition initiation - preliminary investigation - informal adjustment 19‑3‑502
Petition form and content - limitations on claims in dependency or neglect actions 19‑3‑503
Summons - issuance - contents - service 19‑3‑504
Contempt - warrant 19‑3‑505
Adjudicatory hearing - findings - adjudication 19‑3‑506
Child with a mental health disorder or an intellectual and developmental disability - procedure 19‑3‑507
Dispositional hearing - rules 19‑3‑508
Neglected or dependent child or youth - disposition - concurrent planning - definition 19‑3‑601
Short title 19‑3‑602
Motion for termination - separate hearing - right to counsel - no jury trial 19‑3‑603
Notice - abandonment 19‑3‑604
Criteria for termination 19‑3‑605
Request for placement with family members 19‑3‑606
Review of child’s disposition following termination of the parent-child legal relationship 19‑3‑607
Expert testimony 19‑3‑608
Effect of decree 19‑3‑609
Appeals - time requirements 19‑3‑610
Budgetary allocation for expenses 19‑3‑612
Reinstatement of the parent-child legal relationship - circumstances - petition - hearings - legislative declaration 19‑3‑702
Permanency hearing 19‑3‑702.5
Periodic reviews 19‑3‑704
Youth with disabilities - incapacitated persons 19‑3‑705
Transition hearing 19‑3‑901
Legislative declaration 19‑3‑902
Definitions 19‑3‑903
Task force on high-quality parenting time - creation - steering committee - membership 19‑3‑904
Task force - purposes - issues to study - written reports 19‑3‑905
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 19-3-203’s source at colorado​.gov