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June 7, 2022 HB 22-1038
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0272
Rep. Daugherty; Van Beber
Sen. Moreno; Gardner
Date:
Bill Status:
Fiscal Analyst:
June 7, 2022
Signed into Law
Will Clark | 303-866-4720
Will.Clark@state.co.us
Bill Topic: RIGHT TO COUNSEL FOR YOUTH
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill requires youth, twelve years of age or older, to be appointed client-directed
legal counsel in dependency and neglect hearings. It increases state and local
workload on an ongoing basis beginning in FY 2022-23.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the enacted bill.
Summary of Legislation
Currently, courts appoint a guardian ad litem (GAL) to children and youth in dependency and neglect
proceedings. This bill requires that youth, age twelve or older, instead be appointed a client-directed
counsel in proceedings for dependency and neglect, expedited permanency placement, and adoption.
The counsel must be an attorney-at-law licensed to practice in Colorado and approved by the Office
of the Child’s Representative (OCR). A court may appoint both a GAL and a counsel if a youth has
diminished capacity.
The bill also grants GALs and counsel for youth access to confidential information about youth that
form the basis of recommendations made to the court, including:
educational, medical, and mental health records;
social service agency files;
court records; and,
delinquency records.
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June 7, 2022 HB 22-1038
The bill gives youth, age twelve or older, the right to participate in all dependency and neglect
hearings related to their case, and requires consultation with youth about their disposition when
finalizing permanency after a hearing in which the parent-child legal relationship has been
terminated.
State Expenditures
The bill will increase workload in the Judicial Department and Department of Human Services
beginning in FY 2022-23.
Judicial Department. The bill will increase workload in the trial courts. Hearing time may increase
for dependency and neglect cases involving youth, ages 12 to 17, to consider arguments based on a
youth’s desired placement outcome and then make findings based on what is in the best interest of
the youth. In addition, the bill will require additional data entry to be made in electronic court
systems. However, this fiscal note assumes that the additional hearing time and data entry will be
minimal and can be absorbed within existing resources.
Office of the Child’s Representative. The fiscal note assumes that new client-directed counsel will
be reimbursed at the current rate of GALs. Because the bill is changing representation for some youth
from best interest to client-directed, and does not increase the total number of appointments, OCR
does not require additional appropriations. In addition, the bill will require contractors, attorneys,
consultants and court staff to be provided with additional information, training and guidance. It will
also increase technology and communication costs. These changes and additional workload can be
accomplished within existing appropriations.
Department of Human Services. Workload will increase in the Department of Human Services to
update rules and provide guidance to counties in partnership with the OCR. No change in
appropriations is required.
Local Government
Workload will minimally increase in county human services agencies to update materials and provide
staff training.
Effective Date
The bill was signed into law by the Governor on April 12, 2022, and takes effect on January 9, 2023,
assuming no referendum petition is filed.
State and Local Government Contacts
Counties Human Services Information Technology Judicial
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.