Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0272.01 Alana Rosen x2606
HOUSE BILL 22-1038
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CLIENT-DIRECTED LEGAL REPRESENTATION FOR YOUTH101
IN COURT PROCEEDINGS FOR YOUTH .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law requires the appointment of a guardian ad litem for
children or youth in dependency and neglect cases. The bill requires that
client-directed counsel for youth be appointed for children or youth 12
years of age or older to provide specialized client-directed legal
representation.
The bill prohibits the waiver of a child's or youth's right to counsel
HOUSE SPONSORSHIP
Daugherty and Van Beber,
SENATE SPONSORSHIP
Moreno and Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. in dependency and neglect proceedings. The bill also allows a child or
youth to be a party in a dependency and neglect proceeding. For a child
or youth 12 years of age or older with diminished capacity, a guardian ad
litem shall remain in the role and separate counsel for the child or youth
must be appointed.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Every child or youth has a liberty interest in the child's or4
youth's own health, safety, well-being, and family relationships, which5
may be directly impacted by dependency and neglect proceedings;6
(b) A child or youth deserves to have a voice when important and7
life-altering decisions are made about the child's or youth's life;8
(c) A child or youth has the right to high-quality legal9
representation, to attend court proceedings, and to participate in10
dependency and neglect proceedings;11
(d) Every child or youth deserves an attorney throughout the12
pendency of the court proceedings. Every child or youth twelve years of13
age or older deserves an attorney who will consider the child's or youth's14
position and reasons for the position, provide independent counsel and15
independent investigation to inform those positions, and represent the16
child's or youth's position diligently both inside and outside of court; and 17
(e) When a child or youth believes the child's or youth's position18
has been effectively advocated, procedural fairness and justice enhance19
the child's or youth's acceptance of the proceedings and the decisions20
made.21
(2) Therefore, the general assembly finds that every child or youth22
HB22-1038-2- twelve years of age or older deserves a client-directed legal representative1
who can advocate for the child or youth, communicate and understand the2
complicated dynamics of trauma, guard against undue influence, and3
thoroughly grasp the law and practice standards established by rule or4
chief justice directives.5
SECTION 2. In Colorado Revised Statutes, 13-91-103, amend6
(2.5) as follows:7
13-91-103. Definitions. As used in this article 91, unless the8
context otherwise requires:9
(2.5) "Counsel for youth" means an attorney who is licensed to10
practice law in Colorado and ATTORNEY-AT-LAW WHO PROVIDES11
SPECIALIZED CLIENT-DIRECTED LEGAL REPRESENTATION FOR A CHILD OR12
YOUTH AND WHO OWES THE SAME DUTIES , INCLUDING UNDIVIDED13
LOYALTY, CONFIDENTIALITY, AND COMPETENT REPRESENTATION , TO THE14
CHILD OR YOUTH AS IS DUE AN ADULT CLIENT. COUNSEL FOR YOUTH MAY15
BE appointed by the court to represent a child or youth in a proceeding16
pursuant to article 1, 3, or 7 of title 19, or
MAY BE assigned by the office17
of the child's representative pursuant to article 7 of title 19. "C
OUNSEL18
FOR YOUTH" DOES NOT MEAN DEFENSE COUNSEL FOR A JUVENILE19
PURSUANT TO ARTICLE 2.5 OF TITLE 19.20
SECTION 3. In Colorado Revised Statutes, 13-91-105, amend21
(1)(a)(V) as follows:22
13-91-105. Duties of the office of the child's representative -23
guardian ad litem and counsel for youth programs. (1) In addition to24
any responsibilities assigned to it by the chief justice, the office of the25
child's representative shall:26
(a) Enhance the provision of GAL or counsel for youth services27
HB22-1038
-3- in Colorado by:1
(V) Working cooperatively with the chief judge in each judicial2
district or group of judicial districts to jointly establish a local body to3
oversee the provision of guardian ad litem or counsel for youth services4
in that judicial district or districts. The oversight bodies would operate5
and report directly to the director concerning the practice of guardians ad6
litem or counsel for youth in that judicial district or districts pursuant to7
oversight procedures established by the office of the child's representative8
W
ORKING COOPERATIVELY WITH LOCAL JUDICIAL DISTRICTS , ATTORNEYS,9
AND CHILDREN AND YOUTH IMPACTED BY THE CHILD WELFARE AND10
JUSTICE SYSTEM TO FORM PARTNERSHIPS FOR THE PURPOSES OF ENSURING11
HIGH-QUALITY LEGAL REPRESENTATION FOR CHILDREN AND YOUTH IN12
C
OLORADO.13
SECTION 4. In Colorado Revised Statutes, 19-1-103, amend14
(26); and add (41.5) and (55.5) as follows:15
19-1-103. Definitions. As used in this title 19 or in the specified16
portion of this title 19, unless the context otherwise requires:17
(26) "Child protection team", as used in part 3 of article 3 of this18
title 19, means a multidisciplinary team consisting, where possible, of a19
physician; a representative of the juvenile court or the district court with20
juvenile jurisdiction; a representative of a local law enforcement agency;21
a representative of the county department of human or social services; a22
representative of a mental health clinic; a representative of a county,23
district, or municipal public health agency; an attorney; a representative24
of a public school district; and one or more representatives of the lay25
community, at least one of whom must be a person who serves as a foster26
parent in the county. Each public agency may have more than one27
HB22-1038
-4- participating member on the team; except that, in voting on procedural or1
policy matters, each public agency shall have HAS only one vote. In no2
event must an attorney member of the child protection team be appointed3
as guardian ad litem
OR COUNSEL FOR YOUTH for the child OR YOUTH or4
as counsel for the parents at any subsequent court proceedings. The child5
protection team must never be composed of fewer than three persons.6
When any racial, ethnic, or linguistic minority group constitutes a7
significant portion of the population of the jurisdiction of the child8
protection team, a member of each such minority group must serve as an9
additional lay member of the child protection team. At least one of the10
preceding members of the team must be chosen on the basis of11
representing low-income families. The role of the child protection team12
is advisory only.13
(41.5) "C
OUNSEL FOR YOUTH " MEANS AN ATTORNEY-AT-LAW WHO14
PROVIDES SPECIALIZED CLIENT-DIRECTED LEGAL REPRESENTATION FOR A15
CHILD OR YOUTH AND WHO OWES THE SAME DUTIES , INCLUDING16
UNDIVIDED LOYALTY , CONFIDENTIALITY , AND COMPETENT17
REPRESENTATION, TO THE CHILD OR YOUTH AS IS DUE AN ADULT CLIENT .18
"C
OUNSEL FOR YOUTH " DOES NOT MEAN DEFENSE COUNSEL FOR A19
JUVENILE PURSUANT TO ARTICLE 2.5 OF THIS TITLE 19.20
(55.5) "D
IMINISHED CAPACITY" MEANS A CHILD OR YOUTH WHO21
LACKS SUFFICIENT CAPACITY TO COMMUNICATE OR MAKE CONSIDERED22
DECISIONS ADEQUATELY IN CONNECTION WITH THE CHILD 'S OR YOUTH'S23
LEGAL REPRESENTATION. AGE OR DEVELOPMENTAL MATURITY MUST NOT24
BE THE SOLE BASIS FOR A DETERMINATION OF DIMINISHED CAPACITY .25
SECTION 5. In Colorado Revised Statutes, 19-1-105, amend (2);26
and add (3) as follows:27
HB22-1038
-5- 19-1-105. Right to counsel and jury trial. (2) The right to1
counsel shall be as IS provided in this title; except that, in all proceedings2
under the "School Attendance Law of 1963", article 33 of title 22, C.R.S.,3
the court may appoint counsel or a guardian ad litem for the child, unless4
the child is already represented by counsel. If the court finds that it is in5
the best interest and welfare of the child, the court may appoint both6
counsel and a guardian ad litem TITLE 19. Nothing in this title shall7
prevent TITLE 19 PREVENTS the court from appointing counsel IN8
ADDITION TO A GUARDIAN AD LITEM FOR A CHILD if it deems9
representation by counsel necessary to protect the interests of the child.10
or other parties. In addition, in all proceedings under the "School11
Attendance Law of 1963", article 33 of title 22, C.R.S., the court shall12
make available to the child's parent or guardian ad litem information13
concerning the truancy process.14
(3) I
N PROCEEDINGS PURSUANT TO THE "SCHOOL ATTENDANCE15
L
AW OF 1963", ARTICLE 33 OF TITLE 22, THE COURT MAY APPOINT A16
GUARDIAN AD LITEM FOR THE CHILD , UNLESS THE CHILD IS ALREADY17
REPRESENTED BY COUNSEL . IF THE COURT FINDS THAT IT IS IN THE BEST18
INTEREST AND WELFARE OF THE CHILD , THE COURT MAY APPOINT BOTH19
COUNSEL AND A GUARDIAN AD LITEM . THE COURT SHALL MAKE20
INFORMATION REGARDING THE TRUANCY PROCESS AVAILABLE TO THE21
CHILD'S PARENT OR GUARDIAN AD LITEM.22
SECTION 6. In Colorado Revised Statutes, 19-1-111, amend (1),23
(4)(b) introductory portion, (4)(b)(II), and (6); and add (2)(e) as follows:24
19-1-111. Appointment of guardian ad litem. (1) The court25
shall appoint a guardian ad litem for the
EVERY child UNDER TWELVE26
YEARS OF AGE in all dependency or AND neglect cases under PURSUANT27
HB22-1038
-6- TO this title TITLE 19.1
(2) The court may appoint a guardian ad litem in the following2
cases:3
(e) F
OR A YOUTH WHO IS TWELVE YEARS OF AGE OR OLDER IN A4
DEPENDENCY AND NEGLECT CASE WHEN THE COURT DETERMINES A5
GUARDIAN AD LITEM IS NECESSARY DUE TO THE YOUTH 'S DIMINISHED6
CAPACITY. THE COURT SHALL NOT CONSIDER AGE OR DEVELOPMENTAL7
MATURITY AS THE SOLE BASIS FOR A DETERMINATION OF DIMINISHED8
CAPACITY. THE COURT SHALL NOT DEEM A GUARDIAN AD LITEM9
APPOINTED PURSUANT TO THIS SUBSECTION (2)(e) TO BE A SUBSTITUTE10
FOR A COUNSEL FOR YOUTH APPOINTED PURSUANT TO THIS SECTION .11
(4) (b) The appointment of the guardian ad litem shall terminate
12
TERMINATES in a delinquency proceeding:13
(II) When the child reaches eighteen years of age, unless the child14
has a developmental disability THE COURT CONTINUES THE APPOINTMENT15
BECAUSE THE COURT DETERMINES THE APPOINTMENT IS NECESSARY16
BECAUSE OF THE YOUTH'S DIMINISHED CAPACITY.17
(6) Any person appointed to serve as a guardian ad litem pursuant18
to this section shall comply with the provisions set forth in any chief19
justice directive concerning the court appointment of guardians ad litem20
and other representatives and of counsel for children YOUTH and indigent21
persons in titles 14, 15, 19 (dependency and neglect only), 22, and 2722
C.R.S., AND THIS TITLE 19, and any subsequent chief justice directive or23
other practice standards established by rule or directive of the chief24
justice pursuant to section 13-91-105 C.R.S., concerning the duties or25
responsibilities of guardians ad litem in legal matters affecting children.26
SECTION 7. In Colorado Revised Statutes, 19-1-115, amend27
HB22-1038
-7- (8)(c) and (8)(d) as follows:1
19-1-115. Legal custody - guardianship - placement out of the2
home - petition for review for need of placement. (8) (c) After a3
petition has been filed, the court shall promptly issue a summons reciting4
briefly the substance of the petition. The summons shall MUST be5
substantially in the form specified in section 19-3-502 and be dealt with6
in the manner provided in section 19-3-503 and shall MUST set forth the7
constitutional and legal rights of the child, his or her THE CHILD'S parents8
or guardian, and any other respondent, including the right to have an9
attorney present at the hearing on the petition. The petitioner shall send10
the summons to the child and his or her THE CHILD'S parents, guardian, or11
legal custodian by certified mail. T
HE COURT SHALL GIVE notice of the12
hearing shall be given by the court
to the director of the facility or agency13
in which the child is placed and any person who has physical custody of14
the child and any attorney or guardian ad litem
OR COUNSEL FOR YOUTH15
of record. Nothing in this subsection (8) shall require
REQUIRES the16
presence of any person before the court unless the court so directs.17
(d) The court shall appoint a guardian ad litem
FOR A CHILD18
UNDER TWELVE YEARS OF AGE , OR COUNSEL FOR YOUTH IF THE YOUTH IS19
TWELVE YEARS OF AGE OR OLDER , to protect the interest of the child for
20
any child
OR YOUTH who is the subject of a petition for review of21
placement, unless the court makes specific findings that no useful purpose22
would be served by such appointment. T
HE COURT MAY APPOINT BOTH A23
GUARDIAN AD LITEM AND A COUNSEL FOR YOUTH IF A YOUTH IS TWELVE24
YEARS OF AGE OR OLDER AND THE APPOINTMENT OF A GUARDIAN AD LITEM25
IS NECESSARY BECAUSE THE YOUTH HAS DIMINISHED CAPACITY .26
SECTION 8. In Colorado Revised Statutes, 19-3-202, amend (2)27
HB22-1038
-8- as follows:1
19-3-202. Right to counsel and jury trial. (2) The petitioner,2
any respondent, or the guardian ad litem FOR THE CHILD, OR A CHILD WHO3
IS TWELVE YEARS OF AGE OR OLDER may demand a trial by jury of six4
persons at the adjudicatory hearing under PURSUANT TO section 19-3-505,5
or the court, on its own motion, may order such a jury to try any case at6
the adjudicatory hearing under PURSUANT TO section 19-3-505.7
SECTION 9. In Colorado Revised Statutes, amend 19-3-203 as8
follows:9
19-3-203. Right to guardian ad litem and counsel for youth.10
(1) Upon the filing of a petition under PURSUANT TO section 19-3-50211
that alleges abuse or neglect of a minor child, the court shall appoint a12
guardian ad litem who shall FOR ANY CHILD WHO IS UNDER TWELVE YEARS13
OF AGE. THE GUARDIAN AD LITEM MUST be an attorney-at-law licensed to14
practice in Colorado
AND APPROVED BY THE OFFICE OF THE CHILD 'S15
REPRESENTATIVE CREATED IN SECTION 13-91-104. Nothing in this section16
shall limit
LIMITS the power of the court to appoint a guardian ad litem17
prior to the filing of a petition for good cause.18
(2) U
PON THE FILING OF A PETITION PURSUANT TO SECTION19
19-3-502
THAT ALLEGES ABUSE OR NEGLECT OF A CHILD , THE COURT20
SHALL APPOINT COUNSEL FOR YOUTH FOR ANY CHILD OR YOUTH WHO IS21
TWELVE YEARS OF AGE OR OLDER. THE COUNSEL FOR YOUTH MUST BE AN22
ATTORNEY-AT-LAW LICENSED TO PRACTICE IN COLORADO AND APPROVED23
BY THE OFFICE OF THE CHILD'S REPRESENTATIVE CREATED IN SECTION24
13-91-104.
THE COURT MAY APPOINT THE SAME ATTORNEY TO REPRESENT25
THE BEST INTERESTS OF YOUNGER SIBLINGS WHO ARE UNDER TWELVE26
YEARS OF AGE AS A GUARDIAN AD LITEM AND TO REPRESENT YOUTH IN27
HB22-1038
-9- THE SIBLING GROUP WHO ARE TWELVE YEARS OF AGE OR OLDER AS A1
COUNSEL FOR YOUTH AS LONG AS THERE IS NO CONFLICT OF INTEREST AS2
DEFINED UNDER THE APPLICABLE RULES OF PROFESSIONAL CONDUCT .3
U
NTIL THE COURT'S JURISDICTION IS TERMINATED, APPOINTMENT OF4
COUNSEL FOR YOUTH PURSUANT TO THIS SECTION CONTINUES . A CHILD'S5
OR YOUTH'S RIGHT TO COUNSEL MAY NOT BE WAIVED . NOTHING IN THIS6
SECTION LIMITS THE POWER OF THE COURT TO APPOINT COUNSEL FOR7
YOUTH PRIOR TO THE FILING OF A PETITION FOR GOOD CAUSE .8
(3) A
GUARDIAN AD LITEM WHO IS CURRENTLY APPOINTED TO9
REPRESENT THE BEST INTERESTS OF A CHILD OR YOUTH PURSUANT TO THIS10
SECTION SHALL TRANSITION TO CLIENT -DIRECTED COUNSEL FOR YOUTH11
IMMEDIATELY UPON A CHILD'S TWELFTH BIRTHDAY AND ACT IN THIS ROLE12
UNTIL EITHER THE CASE IS DISMISSED OR NEW COUNSEL IS APPOINTED ,13
UNLESS THE COURT FINDS IT NECESSARY TO APPOINT A GUARDIAN AD14
LITEM BECAUSE THE CHILD OR YOUTH HAS DIMINISHED CAPACITY , IN15
WHICH CASE THE GUARDIAN AD LITEM REMAINS IN THAT ROLE AND THE16
COURT SHALL APPOINT SEPARATE COUNSEL FOR YOUTH FOR THE CHILD .17
C
OUNSEL FOR YOUTH SHALL NOTIFY THE COURT AND PARTIES OF THE18
CHANGE AND THE COURT SHALL ISSUE A NEW ORDER OF APPOINTMENT19
WITHIN SEVEN DAYS.20
(2)
(4) The guardian ad litem shall OR COUNSEL FOR YOUTH MUST21
be provided with all reports relevant to a case submitted to or made by22
any agency or person pursuant to this article ARTICLE 3, including reports23
of examination of the child
OR YOUTH or persons responsible for the24
neglect or dependency of the child
OR YOUTH. The county department25
shall share with the guardian ad litem
OR THE COUNSEL FOR YOUTH the26
reports of fingerprint-based criminal history record checks from the27
HB22-1038
-10- Colorado bureau of investigation and from the federal bureau of1
investigation if the court orders the county department to share that2
information with the guardian ad litem
OR THE COUNSEL FOR YOUTH. THE3
GUARDIAN AD LITEM OR COUNSEL FOR YOUTH MUST HAVE ACCESS TO THE4
CHILD OR YOUTH AND CONFIDENTIAL INFORMATION REGARDING THE CHILD5
OR YOUTH, INCLUDING BUT NOT LIMITED TO THE CHILD 'S OR YOUTH'S6
EDUCATIONAL, MEDICAL, AND MENTAL HEALTH RECORDS; SOCIAL SERVICE7
AGENCY FILES; COURT RECORDS, INCLUDING COURT FILES INVOLVING8
ALLEGATIONS OF ABUSE OR NEGLECT OF THE CHILD OR YOUTH ;9
DELINQUENCY RECORDS INVOLVING THE CHILD OR YOUTH ; AND ANY10
OTHER INFORMATION RELEVANT TO THE ISSUES IN THE PROCEEDING AND11
REPORTS THAT FORM THE BASIS OF RECOMMENDATIONS MADE TO THE12
COURT. The court and social workers assigned to the case shall keep the13
guardian ad litem
OR COUNSEL FOR YOUTH apprised of significant14
developments in the case, particularly prior to further neglect or15
dependency court appearances.16
(3)
(5) The guardian ad litem shall be IS charged in general with17
the representation of the child's
BEST interests. To that end, the guardian18
ad litem shall make such further investigations as the guardian ad litem19
deems necessary to ascertain the facts and shall talk with or observe the20
child involved, examine and cross-examine witnesses in both the21
adjudicatory and dispositional hearings, introduce and examine the22
guardian ad litem's own witnesses, make recommendations to the court23
concerning the child's welfare, appeal matters to the court of appeals or24
the supreme court, and participate further in the proceedings to the degree25
necessary to adequately represent the child. In addition, the guardian ad26
litem, if in the best interest of the child, shall seek to assure that27
HB22-1038
-11- reasonable efforts are being made to prevent unnecessary placement of1
the child out of the home and to facilitate reunification of the child with2
the child's family or, if reunification is not possible, to find another safe3
and permanent living arrangement for the child. In determining whether4
said reasonable efforts are made with respect to a child, and in making5
such reasonable efforts, the child's health and safety shall be ARE the6
paramount concern.7
(4) A guardian ad litem already appointed to represent a youth's8
best interests pursuant to this article 3 shall begin acting as counsel and9
providing client-directed representation immediately upon the youth's10
eighteenth birthday and shall act in this role until either the case is11
dismissed or new counsel is appointed, unless the youth is deemed12
incapacitated pursuant to section 19-3-704, in which case the guardian ad13
litem shall remain in that role and separate counsel for the youth shall be14
appointed.15
(5) At the first hearing following a youth's eighteenth birthday, the16
court shall advise each youth who has a current guardian ad litem17
appointed pursuant to this section of the youth's right to counsel and the18
option to either consent to have the same person continue as counsel, if19
the lawyer remains available and has no conflict of interest, or to have a20
new person appointed as counsel. If the youth elects to have a new person21
appointed as counsel, the court shall appoint an attorney from the list of22
attorneys approved by the office of the child's representative.23
(6) A
PERSON APPOINTED TO SERVE AS COUNSEL FOR YOUTH24
PURSUANT TO THIS SECTION SHALL COMPLY WITH THE COLORADO RULES25
OF PROFESSIONAL CONDUCT , PROVISIONS SET FORTH IN A CHIEF JUSTICE26
DIRECTIVE CONCERNING THE COURT APPOINTMENT OF COUNSEL FOR27
HB22-1038
-12- YOUTH IN THIS TITLE 19, AND SUBSEQUENT CHIEF JUSTICE DIRECTIVES OR1
PRACTICE STANDARDS ESTABLISHED BY RULE OR DIRECTIVE OF THE CHIEF2
JUSTICE PURSUANT TO SECTION 13-91-105 CONCERNING THE DUTIES AND3
RESPONSIBILITIES OF A GUARDIAN AD LITEM AND COUNSEL FOR YOUTH IN4
LEGAL MATTERS AFFECTING CHILDREN OR YOUTH . COUNSEL FOR YOUTH5
SHALL ENSURE THAT THE CHILD OR YOUTH HAS REPRESENTATION6
THROUGH PENDING APPEALS .7
(7) A
GUARDIAN AD LITEM MAY BE APPOINTED FOR A CHILD OR8
YOUTH TWELVE YEARS OF AGE OR OLDER IF NECESSARY BECAUSE THE9
CHILD OR YOUTH HAS DIMINISHED CAPACITY . THE COURT SHALL NOT10
CONSIDER AGE OR DEVELOPMENTAL MATURITY AS THE SOLE BASIS FOR AN11
APPOINTMENT OF A GUARDIAN AD LITEM PURSUANT TO THIS SECTION .12
SECTION 10. In Colorado Revised Statutes, 19-3-502, amend13
(7); and add (4.5) as follows:14
19-3-502. Petition form and content - limitations on claims in15
dependency or neglect actions. (4.5) A
CHILD NAMED IN THE PETITION16
SHALL BE A PARTY TO THE PROCEEDINGS AND HAVE THE RIGHT TO ATTEND17
AND FULLY PARTICIPATE IN ALL HEARINGS RELATED TO THE CHILD 'S CASE.18
T
HE CHILD'S GUARDIAN AD LITEM OR COUNSEL FOR YOUTH SHALL PROVIDE19
DEVELOPMENTALLY APPROPRIATE NOTICE TO THE CHILD OF ALL HEARINGS20
RELATED TO THE CHILD'S CASE.21
(7) In addition to notice to all parties, the court shall ensure that22
notice is provided of all hearings and reviews held regarding a child to the23
following persons with whom a child is placed: Foster parents,24
pre-adoptive parents, or relatives. Such persons shall
have the right to be25
heard at such hearings and reviews. The persons with whom a child is26
placed shall provide prior notice to the child of all hearings and reviews27
HB22-1038
-13- held regarding the child. The foster parent, pre-adoptive parent, or1
relative providing care to a child shall not be made a party to the action2
for purposes of any hearings or reviews solely on the basis of such notice3
and right to be heard. Notice of hearings and reviews shall MUST not4
reveal to the respondent parent or other relative the address, last name, or5
other such identifying information regarding any person providing care6
to the child.7
SECTION 11. In Colorado Revised Statutes, 19-3-602, amend8
(3) as follows:9
19-3-602. Motion for termination - separate hearing - right to10
counsel - no jury trial. (3) A guardian ad litem, who shall be an attorney11
and who shall be the child's previously appointed guardian ad litem12
whenever possible, shall be appointed to represent the child's best13
interests in any hearing determining the involuntary termination of the14
parent-child legal relationship. Additionally, said attorney shall be15
experienced, whenever possible, in juvenile law. Such representation16
shall continue until an appropriate permanent placement of the child is17
effected or until the court's jurisdiction is terminated. If a respondent18
parent is a minor,
THE COURT SHALL APPOINT a guardian ad litem shall be
19
appointed and shall TO serve in addition to any counsel requested by the20
parent.21
SECTION 12. In Colorado Revised Statutes, 19-3-606, amend22
(1) as follows:23
19-3-606. Review of child's disposition following termination24
of the parent-child legal relationship. (1) The court, at the conclusion25
of a hearing in which it ordered the termination of a parent-child legal26
relationship, shall order that a review hearing be held not later than ninety27
HB22-1038
-14- days following AFTER the date of the termination. At such hearing, the1
agency or individual vested with custody of the child shall report to the2
court what disposition of the child, if any, has occurred. and The guardian3
ad litem shall submit PROVIDE a written report with recommendations4
STATING THE GUARDIAN AD LITEM'S POSITION to the court based upon an5
independent investigation for the best disposition of the child AND6
CONSULTATION WITH THE CHILD REGARDING THE DISPOSITION THAT IS IN7
THE BEST INTERESTS OF THE CHILD AND THE NECESSARY STEPS TO8
FINALIZE THE CHILD'S PERMANENCY. COUNSEL FOR YOUTH SHALL PROVIDE9
A POSITION STATEMENT THAT CONVEYS THE CHILD 'S POSITION AND10
OBJECTIVES FOR THE CHILD'S DESIRED DISPOSITION AND NECESSARY STEPS11
TO FINALIZE PERMANENCY. Any report required under PURSUANT TO this12
subsection (1) shall be IS subject to the provisions of section 19-1-309.13
SECTION 13. In Colorado Revised Statutes, 19-3-612, amend14
(3) as follows:15
19-3-612. Reinstatement of the parent-child legal relationship16
- circumstances - petition - hearings - legislative declaration. (3) A17
child who is sixteen TWELVE years of age or older, or his or her THE18
CHILD'S guardian ad litem, may also file a petition to reinstate the19
parent-child legal relationship alleging that the conditions set forth in20
paragraphs (b) to (f) of subsection (2) SUBSECTIONS (2)(b) TO (2)(f) of21
this section are met.22
SECTION 14. In Colorado Revised Statutes, 19-3-702, amend23
(4)(c), (5)(e), and (6) introductory portion as follows:24
19-3-702. Permanency hearing. (4) (c) Prior to closing a case25
before a youth's eighteenth birthday, the court or the youth's guardian ad26
litem
OR COUNSEL FOR YOUTH shall notify the youth that the youth will27
HB22-1038
-15- lose the right to receive medicaid until the maximum age provided by1
federal law if the case is closed prior to the youth's eighteenth birthday.2
Prior to closing a case after a youth's sixteenth birthday, the court shall3
advise the youth of the youth's eligibility for the foster youth in transition4
program, created in section 19-7-303, should the youth later determine he5
or she THE YOUTH needs child welfare assistance from a county6
department.7
(5) For a child or youth in a case designated pursuant to section8
19-1-123 only:9
(e) At each permanency planning hearing, the caseworker and the10
child's or youth's guardian ad litem shall provide the court with a written11
or verbal report specifying what efforts have been made to identify a12
permanent home for the child or youth and what services have been13
provided to the child or youth to facilitate identification of a permanent14
home.15
(6) If a placement change is contested by a named party or child16
or youth and the child or youth is not reunifying with a parent or legal17
guardian, the court shall consider all pertinent information, including the18
child's or youth's wishes, related to modifying the placement of the child19
or youth prior to removing the child or youth from his or her THE CHILD'S20
OR YOUTH'S placement, and including the following:21
SECTION 15. In Colorado Revised Statutes, 19-5-103, amend22
(9)(a)(I), (9)(a)(III), and (9)(b) as follows:23
19-5-103. Relinquishment procedure - petition - hearings.24
(9) (a) The court may appoint a guardian ad litem to protect the interests25
of the child if:26
(I) The court finds that there is a conflict of interest between the27
HB22-1038
-16- child and his or her THE CHILD'S parents, guardian, or legal custodian;1
(III) The court determines that the child is twelve years of age or2
older and that the welfare of the child mandates such appointment. I
F3
COUNSEL FOR YOUTH IS APPOINTED PURSUANT TO ARTICLE 3 OF THIS TITLE4
19,
THE COUNSEL FOR YOUTH IS APPOINTED PURSUANT TO THIS SECTION .5
(b) Reasonable fees for guardians ad litem
OR COUNSEL FOR6
YOUTH appointed pursuant to this subsection (9) shall
MUST be paid by7
the relinquishing parent or parents; except that, in the case of an indigent8
parent or parents, such fees shall MUST be paid as an expense of the state9
from annual appropriations to the office of the state court administrator10
OFFICE OF THE CHILD'S REPRESENTATIVE.11
SECTION 16. In Colorado Revised Statutes, 13-1-119.5, amend12
(1)(c) as follows:13
13-1-119.5. Electronic access to name index and register of14
actions. (1) Statewide electronic read-only access to the name index and15
register of actions of public case types must be made available to the16
following agencies or attorneys appointed by the court:17
(c) Guardians ad litem
OR COUNSEL FOR YOUTH under contract18
with the office of the child's representative, created in section 13-91-104,19
or authorized by the office of the child's representative to act as a20
guardian ad litem
OR COUNSEL FOR YOUTH, as it relates to a case in which21
they are appointed by the court;22
SECTION 17. In Colorado Revised Statutes, 13-92-103, amend23
(2)(a) introductory portion and (2)(a)(V) as follows:24
13-92-103. Respondent parents' counsel - commission - office25
- duties - qualifications of director. (2) (a) The Colorado supreme court26
shall appoint a nine-member respondent parents' counsel governing27
HB22-1038
-17- commission on or before July 1, 2015. In appointing the membership of1
the commission, the court must SHALL, to the extent practicable, include2
persons from throughout the state and persons with disabilities and take3
into consideration race, gender, and the ethnic diversity of the state. The4
court shall make the appointments as follows:5
(V) Commission members must not currently be under contract6
with the office or employed by the state department of human services,7
a county department of human or social services, or be serving currently8
as a city or county attorney, judge, magistrate, court-appointed special9
advocate, or guardian ad litem, OR COUNSEL FOR YOUTH.10
SECTION 18. In Colorado Revised Statutes, 19-1-304, amend11
(1)(a)(IV), (1)(c)(IX), (2)(a)(XIII), and (7)(c) as follows:12
19-1-304. Juvenile delinquency records - division of youth13
services critical incident information - definitions. (1) (a) Court14
records - open. Except as provided in subsection (1)(b.5) of this section,15
court records in juvenile delinquency proceedings or proceedings16
concerning a juvenile charged with the violation of any municipal17
ordinance except a traffic ordinance are open to inspection to the18
following persons without court order:19
(IV) The juvenile's guardian ad litem
OR COUNSEL FOR YOUTH;20
(c) Probation records - limited access. Except as otherwise21
authorized by section 19-1-303, a juvenile probation officer's records,22
whether or not part of the court file, are not open to inspection except as23
provided in subsection (1)(c)(I) to (1)(c)(XI) of this section:24
(IX) To the juvenile's guardian ad litem
OR COUNSEL FOR YOUTH;25
(2) (a) Law enforcement records in general - closed. Except as26
otherwise provided by subsection (1)(b.5) of this section and otherwise27
HB22-1038
-18- authorized by section 19-1-303, the records of law enforcement officers1
concerning juveniles, including identifying information, must be2
identified as juvenile records and must not be inspected by or disclosed3
to the public, except:4
(XIII) To the juvenile's guardian ad litem
OR COUNSEL FOR5
YOUTH;6
(7) In addition to the persons who have access to court records7
pursuant to subsection (1)(a) of this section, statewide electronic8
read-only access to the name index and register of actions of the judicial9
department must be allowed to the following agencies or persons:10
(c) Guardians ad litem
OR COUNSEL FOR YOUTH under contract11
with the office of the child's representative, created in section 13-91-104,12
C.R.S.,
or authorized by the office of the child's representative to act as13
a guardian ad litem
OR AN ATTORNEY UNDER CONTRACT OR EMPLOYED BY14
THE OFFICE OF THE CHILD'S REPRESENTATIVE, as it relates to a case in15
which they are appointed by the court;16
SECTION 19. In Colorado Revised Statutes, 19-1-305, amend17
(1)(a) as follows:18
19-1-305. Operation of juvenile facilities. (1) Except as19
otherwise authorized by section 19-1-303 or 19-1-304 (8), all records20
prepared or obtained by the department of human services in the course21
of carrying out its duties pursuant to article 2.5 of this title 19 are22
confidential and privileged. The records may be disclosed only:23
(a) To the parents, legal guardian, legal custodian, attorney for the24
juvenile, district attorney, guardian ad litem,
COUNSEL FOR YOUTH, law25
enforcement official, and probation officer;26
SECTION 20. In Colorado Revised Statutes, 19-1-307, amend27
HB22-1038
-19- (2) introductory portion, (2)(d), and (2.3)(c) as follows:1
19-1-307. Dependency and neglect records and information -2
access - fee - rules - records and reports fund - misuse of information3
- penalty - adult protective services data system check. (2) Records4
and reports - access to certain persons - agencies. Except as set forth5
in section 19-1-303, only the following persons or agencies shall have6
access to child abuse or neglect records and reports:7
(d) Any person named in the report or record who was alleged as8
a child to be AN abused or neglected CHILD or, if the child named in the9
report or record is a minor or is otherwise incompetent at the time of the10
request, his or her THE CHILD'S guardian ad litem OR COUNSEL FOR YOUTH;11
(2.3) The following agencies or attorneys appointed by the court12
must be granted statewide read-only access to the name index and register13
of actions for the judiciary department:14
(c) Guardians ad litem
OR COUNSEL FOR YOUTH under contract15
with the office of the child's representative, created in section 13-91-104,16
C.R.S.,
or authorized by the office of the child's representative to act as17
a guardian ad litem
OR COUNSEL FOR YOUTH , as it relates to a case in18
which they are appointed by the court; and19
SECTION 21. In Colorado Revised Statutes, 19-3-201, amend20
(1), (4)(b) introductory portion, and (4)(b)(I) as follows:21
19-3-201. Venue. (1) (a) Except as provided in paragraph (b) of
22
this subsection (1) SUBSECTION (1)(b) OF THIS SECTION, all proceedings23
brought under PURSUANT TO this article shall ARTICLE 3 MUST be24
commenced in the county in which the child resides or is present.25
(b) A county department, guardian ad litem
OR COUNSEL FOR26
YOUTH, or other person filing a petition for reinstatement of the27
HB22-1038
-20- parent-child legal relationship as set forth in section 19-3-612 must file1
the petition for the reinstatement of the parent-child legal relationship in2
the county or city and county that has legal custody of the child.3
(4) (b) The order granting a change of venue and transferring4
jurisdiction shall MUST include:5
(I) Notice to the receiving court of whether a respondent parent's6
counsel and the guardian ad litem
OR COUNSEL FOR YOUTH appointed for7
the child will remain on the case. If a respondent parent's counsel or the8
guardian ad litem
OR COUNSEL FOR YOUTH for the child will not remain9
on the case, the order shall
MUST inform the receiving court that the10
receiving court shall make a new appointment of counsel or guardian ad11
litem
OR COUNSEL FOR YOUTH.12
SECTION 22. In Colorado Revised Statutes, 19-3-208, amend13
(3)(a) as follows:14
19-3-208. Services - county required to provide - out-of-home15
placement options - rules - definitions. (3) (a) The state board of16
human services shall promulgate rules creating a standard and deliberate17
process for determining, in coordination with the education provider,18
parents, if appropriate, guardian ad litem
OR COUNSEL FOR YOUTH, and the19
child, or youth,
whether it is in the best interest of a child or youth in20
out-of-home placement to remain in his or her THE CHILD'S school of21
origin when the child or youth is placed in out-of-home placement or22
experiences a change in placement.23
SECTION 23. In Colorado Revised Statutes, 19-3-213, amend24
(1)(a) as follows:25
19-3-213. Placement criteria. (1) In any case in which the26
county department recommends placement out of the home for a child or27
HB22-1038
-21- in which a child is in out-of-home placement, the court, the guardian ad1
litem, the county department, any CASA volunteer, and other parties shall2
consider the best interests of the child and shall comply with the3
following placement criteria:4
(a) Prior to the change of placement of a child, the county5
department shall, to the extent possible, notify the guardian ad litem
OR6
COUNSEL FOR YOUTH, any CASA volunteer, and other parties. If the
7
guardian ad litem or other ANY party disagrees with the change of8
placement, he or she THE PARTY may seek an emergency hearing9
concerning the appropriate placement for a child. In an emergency, the10
county department may proceed to make the change of placement prior11
to any requested hearing.12
SECTION 24. In Colorado Revised Statutes, 19-3-217, amend13
(3) as follows:14
19-3-217. Parent-child visitation upon removal. (3) Absent the15
issuance of an emergency order, a parent granted visitation is entitled to16
a hearing prior to an ongoing reduction in, suspension of, or increase in17
the level of supervision, including a change from in-person visitation to18
virtual visitation. If the court issues an emergency order suspending,19
reducing, or restricting visitation, a parent is entitled to a hearing within20
seventy-two hours after the order is issued, excluding Saturdays, Sundays,21
and court holidays. The court need not hold a hearing if there is22
agreement by the petitioner, guardian ad litem
OR COUNSEL FOR YOUTH,23
and parent to the reduction, suspension, or increase in level of supervision24
of visits. Any such agreement must be reduced to writing and filed with25
the court. Nothing in this section prevents the county department from26
canceling a visit if the child's health or welfare would be endangered or27
HB22-1038
-22- if the parent consents to the cancellation of the visit.1
SECTION 25. In Colorado Revised Statutes, 19-3-308, amend2
(10) introductory portion as follows:3
19-3-308. Action upon report of intrafamilial, institutional, or4
third-party abuse - investigations - child protection team - rules -5
report. (10) In the event that the local department initiates a petition in6
the juvenile court or the district court with juvenile jurisdiction on behalf7
of the child who is the subject of a report, the department shall notify, in8
writing, the guardian ad litem
OR COUNSEL FOR YOUTH appointed by the9
court under
PURSUANT TO section 19-3-312 to represent the child's10
interest. Such notice shall MUST include:11
SECTION 26. In Colorado Revised Statutes, 19-3-403, amend12
(3.6)(a)(III) as follows:13
19-3-403. Temporary custody - hearing - time limits -14
restriction - rules. (3.6) (a) (III) The court shall advise the
CHILD'S15
parents of the child
that the child may be placed with a relative if, in the16
court's opinion, such placement is appropriate and in the child's best17
interests. The court shall order the parents to complete the form affidavit18
and advisement described in subparagraph (I) of this paragraph (a)19
SUBSECTION (3.6)(a)(I) OF THIS SECTION no later than seven business days20
after the date of the hearing or prior to the next hearing on the matter,21
whichever occurs first. The original completed form shall MUST be filed22
with the court, and a copy delivered to the county department of human23
or social services no later than five business days after the date of the24
hearing. Each parent, the guardian ad litem
OR COUNSEL FOR YOUTH, and25
counsel for each parent, if any, shall also receive copies of the completed26
form. The court may advise each parent of the penalties associated with27
HB22-1038
-23- perjury and contempt of court, if necessary. Each parent may suggest an1
adult relative or relatives whom he or she THE PARENT believes to be the2
most appropriate caretaker or caretakers for the child. If appropriate, the3
child or children shall be consulted regarding suggested relative4
caretakers. The court shall order each parent to notify every relative who5
may be an appropriate relative caretaker for the child that failure to come6
forward in a timely manner may result in the child being placed7
permanently outside of the home of the child's relatives, if the child is not8
able to return to the child's home. In addition, the court shall advise each9
parent that failure to identify these relatives in a timely manner may result10
in the child being placed permanently outside of the home of the child's11
relatives.12
SECTION 27. In Colorado Revised Statutes, 19-3-705, amend13
(3)(e) as follows:14
19-3-705. Transition hearing. (3) The court shall advise the15
youth that:16
(e) The youth has the right to counsel who will represent the17
youth's objectives, beginning on the youth's eighteenth birthday. The18
youth has the right to choose whether to have the youth's current guardian19
ad litem reappointed as counsel or to have a different individual20
appointed as counsel pursuant to section 19-3-203. The youth has the21
right to consult with the youth's counsel about the decision whether to22
emancipate THE YOUTH HAS THE RIGHT TO COUNSEL WHO SHALL23
REPRESENT THE YOUTH THROU GHOUT THE YOUTH 'S PARTICIPATION IN THE24
FOSTER YOUTH TRANSITION PROGRAM . The court shall advise the youth25
that the current emancipation transition hearing may be continued for up26
to one hundred nineteen days if the youth would like additional time to27
HB22-1038
-24- make a decision or to prepare for emancipation. The court shall ask the1
youth whether the youth has had sufficient opportunity to consult with2
counsel and if the youth is ready to make a decision at the current time or,3
alternatively, if the youth would like to request a continuance of up to one4
hundred nineteen days.5
SECTION 28. In Colorado Revised Statutes, 19-5-208, amend6
(4.5)(h) as follows:7
19-5-208. Petition for adoption - open adoption - post-adoption8
contact agreement. (4.5) (h) In any case where a post-adoption contact9
agreement is being considered by the court and a guardian ad litem
OR10
COUNSEL FOR YOUTH is currently appointed for the child OR YOUTH11
pursuant to section 19-3-203, the court shall appoint the guardian ad litem12
to represent the best interests of the child
OR YOUTH, OR THE COUNSEL FOR13
YOUTH TO REPRESENT THE POSITION AND OBJECTIVES THAT THE CHILD OR14
YOUTH WANT, with respect to the contact agreement. The guardian ad15
litem's
OR COUNSEL FOR YOUTH'S representation in these proceedings is16
limited solely to making a recommendation as to whether the agreement17
proposed by the petitioner is in the best interests of the child and should18
be adopted as proposed. The court shall not make additions or19
modifications to the agreement in accordance with the recommendations20
of the guardian ad litem
OR COUNSEL FOR YOUTH unless the petitioner21
consents to the additions or modifications. The duties of the guardian ad22
litem
OR COUNSEL FOR YOUTH terminate upon the entry of the decree of23
adoption.24
SECTION 29. In Colorado Revised Statutes, 19-5-217, amend25
(2) as follows:26
19-5-217. Enforcement or termination of post-adoption27
HB22-1038
-25- contact agreement. (2) The court may appoint a guardian ad litem for1
the adopted child,
OR A COUNSEL FOR YOUTH FOR AN ADOPTED CHILD2
TWELVE YEARS OF AGE OR OLDER , at the time of any action for the3
enforcement or termination of the post-adoption contact agreement if the4
court determines that consideration of the factors set forth in section5
19-5-103 (9)(a) require the appointment of a guardian ad litem
OR A6
COUNSEL FOR YOUTH. In all adoptions other than those in which the child7
is placed by the county department, a party or parties shall pay reasonable8
fees for the services of the guardian ad litem
OR COUNSEL FOR YOUTH9
unless a party is indigent, in which case such fees shall be paid by
the10
office of the child's representative
SHALL PAY THE FEES.11
SECTION 30. In Colorado Revised Statutes, 19-7-101, amend12
(1)(bb) as follows:13
19-7-101. Legislative declaration. (1) The general assembly14
finds and declares that youth in foster care, excluding those in the custody15
of the division of youth services or a state hospital for persons with16
mental health disorders, should enjoy the following:17
(bb) Having a guardian ad litem appointed to represent the youth's18
best interests
OR A COUNSEL FOR YOUTH APPOINTED TO REPRESENT THE19
OBJECTIVES AND POSITIONS OF A YOUTH TWELVE YEARS OF AGE OR OLDER ;20
and21
SECTION 31. In Colorado Revised Statutes, 19-7-102, amend22
(1) as follows:23
19-7-102. Protection against identity theft. (1) The court shall24
ensure that each youth in foster care who is in the legal custody of a25
county department of human or social services or the department of26
human services and who is at least sixteen years of age obtains or receives27
HB22-1038
-26- free annual credit reports from the department of human services or a1
county department of human or social services. The county department2
of human or social services or the department of human services shall3
inform the court with jurisdiction over the youth, if any, of any4
inaccuracies in a report and refer the matter to a governmental or5
nonprofit entity on the referral list developed pursuant to subsection (2)6
of this section for assistance in interpreting and resolving any7
inaccuracies in a report if the credit report shows evidence of possible8
identity theft. The child's guardian ad litem YOUTH'S COUNSEL FOR YOUTH9
shall advise the youth of possible consequences of and options to address10
the possible identity theft, including the right to report the matter to law11
enforcement and seek possible prosecution of the offender.12
SECTION 32. In Colorado Revised Statutes, 19-7-202, amend13
(2) as follows:14
19-7-202. Legislative declaration. (2) The general assembly15
further finds and declares that it is the responsibility of all adults involved16
in a youth's life, including but not limited to county departments, parents,17
foster parents, guardians ad litem,
COUNSEL FOR YOUTH, court-appointed18
special advocates, next of kin, treatment providers, and others, to seek19
opportunities to foster those sibling relationships to promote continuity20
and help to sustain family relationships.21
SECTION 33. In Colorado Revised Statutes, 22-32-138, amend22
(2)(b) introductory portion and (2)(b)(III) as follows:23
22-32-138. Out-of-home placement students - school stability,24
transfer, and enrollment procedures - absences - exemptions -25
provision of academic supports - definitions. (2) (b) The child welfare26
education liaison shall be
IS responsible for working with child placement27
HB22-1038
-27- agencies, county departments, and the state department of human services1
to facilitate services to maintain students in out-of-home placement in2
their schools of origin or, if the county department determines that it is3
not in the students' best interests to remain in the school of origin,4
facilitate the prompt and appropriate placement, transfer, and enrollment5
in school of students in out-of-home placement within the school district6
or who are enrolled or enrolling in institute charter schools. The child7
welfare education liaison's specific duties include but need not be limited8
to:9
(III) If a county department determines that it is not in the10
student's best interest to remain in the school of origin, working with11
county departments, juvenile probation officers, parents, guardian ad12
litems
OR COUNSEL FOR YOUTH, and foster care parents to ensure that the13
student is enrolled in a new school immediately with transition planning,14
and that the student's complete education information and records are15
requested immediately by the student's new school upon enrollment;16
SECTION 34. In Colorado Revised Statutes, 26-6-106.5, amend17
(2)(b) as follows:18
26-6-106.5. Foster care - kinship care - rules applying19
generally - rule-making. (2) At a minimum, the rules described in20
subsection (1) of this section must include the following:21
(b) The immediate notification of a child's guardian ad litem
OR22
COUNSEL FOR YOUTH upon the child's placement in a foster care home,23
and the provision of the guardian ad litem's
OR COUNSEL FOR YOUTH'S24
contact information to the foster parents;25
SECTION 35. In Colorado Revised Statutes, 26-7-104, amend26
(1)(e)(I) as follows:27
HB22-1038
-28- 26-7-104. General information for prospective adoptive1
families. (1) At the time that the family is matched for adoption of a2
child or youth who is potentially eligible for benefits pursuant to this3
article 7, the state department, a county department, or a nonprofit child4
placement agency, as appropriate, shall provide the prospective adoptive5
family, in writing, with information concerning the following:6
(e) Notice of the general right to bring to the adoption assistance7
negotiation process:8
(I) Parties who possess relevant information about a child's or9
youth's history and needs, including the child's guardian ad litem
OR10
COUNSEL FOR YOUTH or the family's advocate; and11
SECTION 36. In Colorado Revised Statutes, 42-2-108, amend12
(1)(a)(II), (1)(a)(III), (1)(b)(I), (1)(b)(II)(B), and (2)(b) as follows:13
42-2-108. Application of minors - rules. (1) (a) (II) When an14
applicant has been made a ward of any court in the state for any reason15
and has been placed in foster care, the foster parents or parent may sign16
the affidavit of liability for the minor. If the parent or foster parent is17
unwilling or unable to sign the affidavit of liability, a guardian ad litem18
OR COUNSEL FOR YOUTH, an official of the county department of human19
or social services having custody of the applicant, or an official of the20
division of youth services in the state department of human services21
having custody of the applicant may sign the application for an instruction22
permit without signing the affidavit of liability for the minor if the23
requirements of subsection (1)(b) of this section are met; except that,24
prior to signing the application for an instruction permit, the guardian ad25
litem
OR COUNSEL FOR YOUTH or other official shall notify the court of his
26
or her THE GUARDIAN AD LITEM'S OR COUNSEL FOR YOUTH'S OR OTHER27
HB22-1038
-29- OFFICIAL'S intent to sign the application, and except that the guardian ad1
litem
OR COUNSEL FOR YOUTH or official shall not sign the application for2
an instruction permit for a minor who is placed in foster care and is under3
seventeen years of age without first obtaining the consent of the foster4
parent. If the minor is seventeen years of age or older and is in the care5
of a foster parent, in order to prepare the minor for emancipation from6
foster care and to assist the minor in obtaining important life skills, the7
guardian ad litem
OR COUNSEL FOR YOUTH or official shall consult with8
the foster parent of the minor about the opportunity for the minor to learn9
driving skills under the restrictions provided in subsection (1)(b) of this10
section prior to signing an application for an instruction permit. The11
guardian ad litem
OR COUNSEL FOR YOUTH or official shall solicit the12
opinion of the minor's foster parent concerning the minor's ability to13
exercise good judgment and make decisions as well as the minor's overall14
capacity to drive.15
(III) When a minor to whom an instruction permit or minor16
driver's license has been issued is required to appear before the17
department for a hearing in accordance with this article 2, the person who18
signed the affidavit of liability for the minor or the guardian ad litem
OR19
COUNSEL FOR YOUTH or official who signed the application for an20
instruction permit for the minor shall accompany the minor. If the person21
who signed the minor's affidavit of liability or application for an22
instruction permit is unable to attend the hearing, he or she
THE PERSON23
shall submit to the department a verified signed statement certifying24
under oath that he or she THE PERSON is aware of the purpose of the25
hearing but cannot attend.26
(b) The department shall issue an instruction permit to an27
HB22-1038
-30- applicant under eighteen years of age who is otherwise eligible to obtain1
an instruction permit and who has been made a ward of the court and who2
is in out-of-home placement without the requirement of a person signing3
an affidavit of liability if the following requirements are met:4
(I) The guardian ad litem
OR COUNSEL FOR YOUTH, an official of5
the county department of human or social services having custody of the6
applicant, or an official of the division of youth services in the state7
department of human services having custody of the applicant signs the8
application for an instruction permit; and9
(II) (B) If the minor is in the care of a foster parent and is at least10
seventeen years of age, the guardian ad litem
OR COUNSEL FOR YOUTH or11
the official has consulted with the foster parent prior to signing the12
application for an instruction permit.13
(2) (b) A guardian ad litem
OR A COUNSEL FOR YOUTH, an official14
of a county or district department of human or social services, or an15
official of the division of youth services in the state department of human16
services who signs a minor's application for an instruction permit or a17
minor driver's license but does not sign an affidavit of liability does not18
impute liability on themselves, on the county, or on the state for any19
damages caused by the negligence or willful misconduct of the applicant.20
SECTION 37. Act subject to petition - effective date. This act21
takes effect January 9, 2023; except that, if a referendum petition is filed22
pursuant to section 1 (3) of article V of the state constitution against this23
act or an item, section, or part of this act within such period, then the act,24
item, section, or part will not take effect unless approved by the people25
at the general election to be held in November 2022 and, in such case,26
HB22-1038
-31- will take effect on January 9, 2023, or on the date of the official1
declaration of the vote thereon by the governor.2
HB22-1038
-32-