HOUSE BILL 22-1038
BY REPRESENTATIVE(S) Daugherty and Van Beber, Amabile, Bacon,
Benavidez, Bernett, Bird, Boesenecker, Carver, Cutter, Duran, Esgar,
Exum, Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Jodeh, Lindsay,
Lontine, Lynch, McCluskie, McCormick, Michaelson Jenet, Ortiz, Pelton,
Pico, Rich, Ricks, Sandridge, Sirota, Snyder, Soper, Titone, Valdez A.,
Weissman, Will, Woodrow, Young;
also SENATOR(S) Moreno and Gardner, Buckner, Ginal, Gonzales,
Jaquez Lewis, Kirkmeyer, Kolker, Lee, Liston, Lundeen, Pettersen, Priola,
Smallwood, Woodward, Zenzinger, Fenberg.
C
ONCERNING CLIENT-DIRECTED LEGAL REPRESENTATION FOR YOUTH IN
COURT PROCEEDINGS FOR YOUTH
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Every child or youth has a liberty interest in the child's or
youth's own health, safety, well-being, and family relationships, which may
be directly impacted by dependency and neglect proceedings;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) A child or youth deserves to have a voice when important and
life-altering decisions are made about the child's or youth's life;
(c) A child or youth has the right to high-quality legal
representation, to attend court proceedings, and to participate in dependency
and neglect proceedings;
(d) Every child or youth deserves an attorney throughout the
pendency of the court proceedings. Every child or youth twelve years of age
or older deserves an attorney who will consider the child's or youth's
position and reasons for the position, provide independent counsel and
independent investigation to inform those positions, and represent the
child's or youth's position diligently both inside and outside of court; and
(e) When a child or youth believes the child's or youth's position has
been effectively advocated, procedural fairness and justice enhance the
child's or youth's acceptance of the proceedings and the decisions made.
(2) Therefore, the general assembly finds that every child or youth
twelve years of age or older deserves a client-directed legal representative
who can advocate for the child or youth, communicate and understand the
complicated dynamics of trauma, guard against undue influence, and
thoroughly grasp the law and practice standards established by rule or chief
justice directives.
SECTION 2. In Colorado Revised Statutes, 13-91-103, amend
(2.5) as follows:
13-91-103. Definitions. As used in this article 91, unless the context
otherwise requires:
(2.5) "Counsel for youth" means an attorney who is licensed to
practice law in Colorado and ATTORNEY-AT-LAW WHO PROVIDES
SPECIALIZED CLIENT
-DIRECTED LEGAL REPRESENTATION FOR A CHILD OR
YOUTH AND WHO OWES THE SAME DUTIES
, INCLUDING UNDIVIDED LOYALTY,
CONFIDENTIALITY, AND COMPETENT REPRESENTATION , TO THE CHILD OR
YOUTH AS IS DUE AN ADULT CLIENT
. COUNSEL FOR YOUTH MAY BE appointed
by the court to represent a child or youth in a proceeding pursuant to article
1, 3, or 7 of title 19, or
MAY BE assigned by the office of the child's
representative pursuant to article 7 of title 19. "C
OUNSEL FOR YOUTH" DOES
PAGE 2-HOUSE BILL 22-1038 NOT MEAN DEFENSE COUNSEL FOR A JUVENILE PURSUANT TO ARTICLE 2.5 OF
TITLE
19.
SECTION 3. In Colorado Revised Statutes, 13-91-105, amend
(1)(a)(V) as follows:
13-91-105. Duties of the office of the child's representative -
guardian ad litem and counsel for youth programs. (1) In addition to
any responsibilities assigned to it by the chief justice, the office of the
child's representative shall:
(a) Enhance the provision of GAL or counsel for youth services in
Colorado by:
(V) Working cooperatively with the chief judge in each judicial
district or group of judicial districts to jointly establish a local body to
oversee the provision of guardian ad litem or counsel for youth services in
that judicial district or districts. The oversight bodies would operate and
report directly to the director concerning the practice of guardians ad litem
or counsel for youth in that judicial district or districts pursuant to oversight
procedures established by the office of the child's representative WORKING
COOPERATIVELY WITH LOCAL JUDICIAL DISTRICTS
, ATTORNEYS, AND
CHILDREN AND YOUTH IMPACTED BY THE CHILD WELFARE AND JUSTICE
SYSTEM TO FORM PARTNERSHIPS FOR THE PURPOSES OF ENSURING
HIGH
-QUALITY LEGAL REPRESENTATION FOR CHILDREN AND YOUTH IN
COLORADO.
SECTION 4. In Colorado Revised Statutes, 19-1-103, amend (26);
and add (41.5) and (55.5) as follows:
19-1-103. Definitions. As used in this title 19 or in the specified
portion of this title 19, unless the context otherwise requires:
(26) "Child protection team", as used in part 3 of article 3 of this
title 19, means a multidisciplinary team consisting, where possible, of a
physician; a representative of the juvenile court or the district court with
juvenile jurisdiction; a representative of a local law enforcement agency; a
representative of the county department of human or social services; a
representative of a mental health clinic; a representative of a county,
district, or municipal public health agency; an attorney; a representative of
PAGE 3-HOUSE BILL 22-1038 a public school district; and one or more representatives of the lay
community, at least one of whom must be a person who serves as a foster
parent in the county. Each public agency may have more than one
participating member on the team; except that, in voting on procedural or
policy matters, each public agency shall have
HAS only one vote. In no event
must an attorney member of the child protection team be appointed as
guardian ad litem
OR COUNSEL FOR YOUTH for the child OR YOUTH or as
counsel for the parents at any subsequent court proceedings. The child
protection team must never be composed of fewer than three persons. When
any racial, ethnic, or linguistic minority group constitutes a significant
portion of the population of the jurisdiction of the child protection team, a
member of each such minority group must serve as an additional lay
member of the child protection team. At least one of the preceding members
of the team must be chosen on the basis of representing low-income
families. The role of the child protection team is advisory only.
(41.5) "C
OUNSEL FOR YOUTH" MEANS AN ATTORNEY-AT-LAW WHO
PROVIDES SPECIALIZED CLIENT
-DIRECTED LEGAL REPRESENTATION FOR A
CHILD OR YOUTH AND WHO OWES THE SAME DUTIES
, INCLUDING UNDIVIDED
LOYALTY
, CONFIDENTIALITY, AND COMPETENT REPRESENTATION , TO THE
CHILD OR YOUTH AS IS DUE AN ADULT CLIENT
. "COUNSEL FOR YOUTH" DOES
NOT MEAN DEFENSE COUNSEL FOR A JUVENILE PURSUANT TO ARTICLE
2.5 OF
THIS TITLE
19.
(55.5) "D
IMINISHED CAPACITY" MEANS A CHILD OR YOUTH WHO
LACKS SUFFICIENT CAPACITY TO COMMUNICATE OR MAKE CONSIDERED
DECISIONS ADEQUATELY IN CONNECTION WITH THE CHILD
'S OR YOUTH'S
LEGAL REPRESENTATION
. AGE OR DEVELOPMENTAL MATURITY MUST NOT BE
THE SOLE BASIS FOR A DETERMINATION OF DIMINISHED CAPACITY
.
SECTION 5. In Colorado Revised Statutes, 19-1-105, amend (2);
and add (3) as follows:
19-1-105. Right to counsel and jury trial. (2) The right to counsel
shall be as
IS provided in this title; except that, in all proceedings under the
"School Attendance Law of 1963", article 33 of title 22, C.R.S., the court
may appoint counsel or a guardian ad litem for the child, unless the child is
already represented by counsel. If the court finds that it is in the best interest
and welfare of the child, the court may appoint both counsel and a guardian
ad litem TITLE 19. Nothing in this title shall prevent TITLE 19 PREVENTS the
PAGE 4-HOUSE BILL 22-1038 court from appointing counsel IN ADDITION TO A GUARDIAN AD LITEM FOR
A CHILD
if it deems representation by counsel necessary to protect the
interests of the child. or other parties. In addition, in all proceedings underthe "School Attendance Law of 1963", article 33 of title 22, C.R.S., the
court shall make available to the child's parent or guardian ad litem
information concerning the truancy process.
(3) IN PROCEEDINGS PURSUANT TO THE "SCHOOL ATTENDANCE LAW
OF
1963", ARTICLE 33 OF TITLE 22, THE COURT MAY APPOINT A GUARDIAN AD
LITEM FOR THE CHILD
, UNLESS THE CHILD IS ALREADY REPRESENTED BY
COUNSEL
. IF THE COURT FINDS THAT IT IS IN THE BEST INTEREST AND
WELFARE OF THE CHILD
, THE COURT MAY APPOINT BOTH COUNSEL AND A
GUARDIAN AD LITEM
. THE COURT SHALL MAKE INFORMATION REGARDING
THE TRUANCY PROCESS AVAILABLE TO THE CHILD
'S PARENT OR GUARDIAN
AD LITEM
.
SECTION 6. In Colorado Revised Statutes, 19-1-111, amend (1),
(4)(b) introductory portion, (4)(b)(II), and (6); and add (2)(e) as follows:
19-1-111. Appointment of guardian ad litem. (1) The court shall
appoint a guardian ad litem for the
EVERY child UNDER TWELVE YEARS OF
AGE
in all dependency or
AND neglect cases under PURSUANT TO this title
TITLE 19.
(2) The court may appoint a guardian ad litem in the following
cases:
(e) F
OR A YOUTH WHO IS TWELVE YEARS OF AGE OR OLDER IN A
DEPENDENCY AND NEGLEC T 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
.
(4) (b) The appointment of the guardian ad litem shall terminate
TERMINATES in a delinquency proceeding:
(II) When the child reaches eighteen years of age, unless the child
PAGE 5-HOUSE BILL 22-1038 has a developmental disability THE COURT CONTINUES THE APPOINTMENT
BECAUSE THE COURT DETERMINES THE APPOINTMENT IS NECESSARY
BECAUSE OF THE YOUTH
'S DIMINISHED CAPACITY.
(6) Any person appointed to serve as a guardian ad litem pursuant
to this section shall comply with the provisions set forth in any chief justice
directive concerning the court appointment of guardians ad litem and other
representatives and of counsel for children
YOUTH and indigent persons in
titles 14, 15, 19 (dependency and neglect only), 22, and 27 C.R.S., 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 C.R.S.,
concerning the duties or responsibilities of
guardians ad litem in legal matters affecting children.
SECTION 7. In Colorado Revised Statutes, 19-1-115, amend (8)(c)
and (8)(d) as follows:
19-1-115. Legal custody - guardianship - placement out of the
home - petition for review for need of placement. (8) (c) After a petition
has been filed, the court shall promptly issue a summons reciting briefly the
substance of the petition. The summons shall
MUST be substantially in the
form specified in section 19-3-502 and be dealt with in the manner provided
in section 19-3-503 and shall
MUST set forth the constitutional and legal
rights of the child, his or her THE CHILD'S parents or guardian, and any other
respondent, including the right to have an attorney present at the hearing on
the petition. The petitioner shall send the summons to the child and his or
her THE CHILD'S parents, guardian, or legal custodian by certified mail. THE
COURT SHALL GIVE
notice of the hearing shall be given by the court
to the
director of the facility or agency in which the child is placed and any person
who has physical custody of the child and any attorney or guardian ad litem
OR COUNSEL FOR YOUTH of record. Nothing in this subsection (8) shall
require REQUIRES the presence of any person before the court unless the
court so directs.
(d) The court shall appoint a guardian ad litem
FOR A CHILD UNDER
TWELVE YEARS OF AGE
, OR COUNSEL FOR YOUTH IF THE YOUTH IS TWELVE
YEARS OF AGE OR OLDER
, to protect the interest of the child for
any child OR
YOUTH
who is the subject of a petition for review of placement, unless the
court makes specific findings that no useful purpose would be served by
such appointment. T
HE COURT MAY APPOINT BOTH A GUARDIAN AD LITEM
PAGE 6-HOUSE BILL 22-1038 AND A COUNSEL FOR YOUTH IF A YOUTH IS TWELVE YEARS OF AGE OR OLDER
AND THE APPOINTMENT OF A GUARDIAN AD LITEM IS NECESSARY BECAUSE
THE YOUTH HAS DIMINISHED CAPACITY
.
SECTION 8. In Colorado Revised Statutes, 19-3-202, amend (2)
as follows:
19-3-202. Right to counsel and jury trial. (2) The petitioner, any
respondent, or the guardian ad litem FOR THE CHILD, OR A CHILD WHO IS
TWELVE YEARS OF AGE OR OLDER
may demand a trial by jury of six persons
at the adjudicatory hearing under
PURSUANT TO section 19-3-505, or the
court, on its own motion, may order such a jury to try any case at the
adjudicatory hearing under
PURSUANT TO section 19-3-505.
SECTION 9. In Colorado Revised Statutes, amend 19-3-203 as
follows:
19-3-203. Right to guardian ad litem and counsel for youth.
(1) Upon the filing of a petition under PURSUANT TO section 19-3-502 that
alleges abuse or neglect of a minor child, the court shall appoint a guardian
ad litem who shall FOR ANY CHILD WHO IS UNDER TWELVE YEARS OF AGE .
T
HE 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 shall limit
LIMITS
the power of the court to appoint a guardian ad litem prior to the filing of
a petition for good cause.
(2) U
PON 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
.
U
NTIL THE COURT'S JURISDICTION IS TERMINATED , APPOINTMENT OF
PAGE 7-HOUSE BILL 22-1038 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
.
(2)
(4) The guardian ad litem shall 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
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 RELE VANT 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
PAGE 8-HOUSE BILL 22-1038 of significant developments in the case, particularly prior to further neglect
or dependency court appearances.
(3) (5) The guardian ad litem shall be 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 shall be
ARE the paramount concern.
(4) A guardian ad litem already appointed to represent a youth's best
interests pursuant to this article 3 shall begin acting as counsel and
providing client-directed representation immediately upon the youth's
eighteenth birthday and shall act in this role until either the case is
dismissed or new counsel is appointed, unless the youth is deemed
incapacitated pursuant to section 19-3-704, in which case the guardian ad
litem shall remain in that role and separate counsel for the youth shall be
appointed.
(5) At the first hearing following a youth's eighteenth birthday, the
court shall advise each youth who has a current guardian ad litem appointed
pursuant to this section of the youth's right to counsel and the option to
either consent to have the same person continue as counsel, if the lawyer
remains available and has no conflict of interest, or to have a new person
appointed as counsel. If the youth elects to have a new person appointed as
counsel, the court shall appoint an attorney from the list of attorneys
approved by the office of the child's representative.
(6) A PERSON APPOINTED TO SERVE AS COUNSEL FOR YOUTH
PAGE 9-HOUSE BILL 22-1038 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
.
SECTION 10. In Colorado Revised Statutes, 19-3-502, amend (7);
and add (4.5) as follows:
19-3-502. Petition form and content - limitations on claims in
dependency or neglect actions. (4.5) A
CHILD NAMED IN THE PETITION
SHALL BE A PARTY TO THE PROCEED INGS AND HAVE THE RIGHT TO ATTEND
AND FULLY PARTICIPATE IN ALL HEARINGS RELATED TO THE CHILD
'S CASE.
T
HE CHILD'S GUARDIAN AD LITEM OR COUNSEL FOR YOUTH SHALL PROVIDE
DEVELOPMENTALLY APPROPRIATE NOTICE TO THE CHILD OF ALL HEARINGS
RELATED TO THE CHILD
'S CASE.
(7) In addition to notice to all parties, the court shall ensure that
notice is provided of all hearings and reviews held regarding a child to the
following persons with whom a child is placed: Foster parents, pre-adoptive
parents, or relatives. Such persons shall
have the right to be heard at such
hearings and reviews. The persons with whom a child is placed shall
provide prior notice to the child of all hearings and reviews held regarding
the child. The foster parent, pre-adoptive parent, or relative providing care
to a child shall not be made a party to the action for purposes of any
hearings or reviews solely on the basis of such notice and right to be heard.
Notice of hearings and reviews shall
MUST not reveal to the respondent
parent or other relative the address, last name, or other such identifying
information regarding any person providing care to the child.
PAGE 10-HOUSE BILL 22-1038 SECTION 11. In Colorado Revised Statutes, 19-3-602, repeal (3)
as follows:
19-3-602. Motion for termination - separate hearing - right to
counsel - no jury trial. (3) A guardian ad litem, who shall be an attorney
and who shall be the child's previously appointed guardian ad litem
whenever possible, shall be appointed to represent the child's best interests
in any hearing determining the involuntary termination of the parent-child
legal relationship. Additionally, said attorney shall be experienced,
whenever possible, in juvenile law. Such representation shall continue until
an appropriate permanent placement of the child is effected or until the
court's jurisdiction is terminated. If a respondent parent is a minor, a
guardian ad litem shall be appointed and shall serve in addition to any
counsel requested by the parent.
SECTION 12. In Colorado Revised Statutes, 19-3-606, amend (1)
as follows:
19-3-606. Review of child's disposition following termination of
the parent-child legal relationship. (1) The court, at the conclusion of a
hearing in which it ordered the termination of a parent-child legal
relationship, shall order that a review hearing be held not later than ninety
days following
AFTER the date of the termination. At such hearing, the
agency or individual vested with custody of the child shall report to the
court what disposition of the child, if any, has occurred. and
The guardian
ad litem shall submit PROVIDE a written report with recommendations
STATING THE GUARDIAN AD LITEM 'S POSITION to the court based upon an
independent investigation for the best disposition of the child AND
CONSULTATION WITH THE CHILD REGARDING THE DISPOSITION THAT IS IN THE
BEST INTERESTS OF THE CHILD AND THE NECESSARY STEPS TO FINALIZE THE
CHILD
'S PERMANENCY. COUNSEL FOR YOUTH SHALL PROVIDE A POSITION
STATEMENT THAT CONVEYS THE CHILD
'S POSITION AND OBJECTIVES FOR THE
CHILD
'S DESIRED DISPOSITION AND NECESSARY STEPS TO FINALIZE
PERMANENCY
. Any report required under
PURSUANT TO this subsection (1)
shall be IS subject to the provisions of section 19-1-309.
SECTION 13. In Colorado Revised Statutes, 19-3-612, amend (3)
as follows:
19-3-612. Reinstatement of the parent-child legal relationship -
PAGE 11-HOUSE BILL 22-1038 circumstances - petition - hearings - legislative declaration. (3) A child
who is sixteen TWELVE years of age or older, or his or her THE CHILD'S
guardian ad litem, may also file a petition to reinstate the parent-child legal relationship alleging that the conditions set forth in paragraphs (b) to (f) of
subsection (2) SUBSECTIONS (2)(b) TO (2)(f) of this section are met.
SECTION 14. In Colorado Revised Statutes, 19-3-702, amend
(4)(c), (5)(e), and (6) introductory portion as follows:
19-3-702. Permanency hearing. (4) (c) Prior to closing a case
before a youth's eighteenth birthday, the court or the youth's guardian ad
litem
OR COUNSEL FOR YOUTH shall notify the youth that the youth will lose
the right to receive medicaid until the maximum age provided by federal
law if the case is closed prior to the youth's eighteenth birthday. Prior to
closing a case after a youth's sixteenth birthday, the court shall advise the
youth of the youth's eligibility for the foster youth in transition program,
created in section 19-7-303, should the youth later determine he or she
THE
YOUTH
needs child welfare assistance from a county department.
(5) For a child or youth in a case designated pursuant to section
19-1-123 only:
(e) At each permanency planning hearing, the caseworker and thechild's or youth's guardian ad litem shall provide the court with a written or
verbal report specifying what efforts have been made to identify a
permanent home for the child or youth
and what services have been
provided to the child or youth to facilitate identification of a permanent
home.
(6) If a placement change is contested by a named party or child or
youth and the child or youth is not reunifying with a parent or legal
guardian, the court shall consider all pertinent information, including the
child's or youth's wishes, related to modifying the placement of the child or
youth prior to removing the child or youth from his or her
THE CHILD'S OR
YOUTH
'S placement, and including the following:
SECTION 15. In Colorado Revised Statutes, 19-5-103, amend
(9)(a)(I), (9)(a)(III), and (9)(b) as follows:
19-5-103. Relinquishment procedure - petition - hearings.
PAGE 12-HOUSE BILL 22-1038 (9) (a) The court may appoint a guardian ad litem to protect the interests of
the child if:
(I) The court finds that there is a conflict of interest between the
child and his or her THE CHILD'S parents, guardian, or legal custodian;
(III) The court determines that the child is twelve years of age or
older and that the welfare of the child mandates such appointment. I
F
COUNSEL FOR YOUTH IS APPOINTED PURSUANT TO ARTICLE
3 OF THIS TITLE
19, THE COUNSEL FOR YOUTH IS APPOINTED PURSUANT TO THIS SECTION .
(b) Reasonable fees for guardians ad litem
OR COUNSEL FOR YOUTH
appointed pursuant to this subsection (9) shall
MUST be paid by the
relinquishing parent or parents; except that, in the case of an indigent parent
or parents, such fees shall
MUST be paid as an expense of the state from
annual appropriations to the office of the state court administrator OFFICE
OF THE CHILD
'S REPRESENTATIVE.
SECTION 16. In Colorado Revised Statutes, 13-1-119.5, amend
(1)(c) as follows:
13-1-119.5. Electronic access to name index and register of
actions. (1) Statewide electronic read-only access to the name index and
register of actions of public case types must be made available to the
following agencies or attorneys appointed by the court:
(c) Guardians ad litem
OR COUNSEL FOR YOUTH under contract with
the office of the child's representative, created in section 13-91-104, or
authorized by the office of the child's representative to act as a guardian ad
litem
OR COUNSEL FOR YOUTH , as it relates to a case in which they are
appointed by the court;
SECTION 17. In Colorado Revised Statutes, 13-92-103, amend
(2)(a) introductory portion and (2)(a)(V) as follows:
13-92-103. Respondent parents' counsel - commission - office -
duties - qualifications of director. (2) (a) The Colorado supreme court
shall appoint a nine-member respondent parents' counsel governing
commission on or before July 1, 2015. In appointing the membership of the
commission, the court must
SHALL, to the extent practicable, include
PAGE 13-HOUSE BILL 22-1038 persons from throughout the state and persons with disabilities and take into
consideration race, gender, and the ethnic diversity of the state. The court
shall make the appointments as follows:
(V) Commission members must not currently be under contract with
the office or employed by the state department of human services, a county
department of human or social services, or be serving currently as a city or
county attorney, judge, magistrate, court-appointed special advocate, or
guardian ad litem, OR COUNSEL FOR YOUTH.
SECTION 18. In Colorado Revised Statutes, 19-1-304, amend
(1)(a)(IV), (1)(c)(IX), (2)(a)(XIII), and (7)(c) as follows:
19-1-304. Juvenile delinquency records - division of youth
services critical incident information - definitions. (1) (a) Court records
- open. Except as provided in subsection (1)(b.5) of this section, court
records in juvenile delinquency proceedings or proceedings concerning a
juvenile charged with the violation of any municipal ordinance except a
traffic ordinance are open to inspection to the following persons without
court order:
(IV) The juvenile's guardian ad litem
OR COUNSEL FOR YOUTH;
(c) Probation records - limited access. Except as otherwise
authorized by section 19-1-303, a juvenile probation officer's records,
whether or not part of the court file, are not open to inspection except as
provided in subsection (1)(c)(I) to (1)(c)(XI) of this section:
(IX) To the juvenile's guardian ad litem
OR COUNSEL FOR YOUTH;
(2) (a) Law enforcement records in general - closed. Except as
otherwise provided by subsection (1)(b.5) of this section and otherwise
authorized by section 19-1-303, the records of law enforcement officers
concerning juveniles, including identifying information, must be identified
as juvenile records and must not be inspected by or disclosed to the public,
except:
(XIII) To the juvenile's guardian ad litem
OR COUNSEL FOR YOUTH;
(7) In addition to the persons who have access to court records
PAGE 14-HOUSE BILL 22-1038 pursuant to subsection (1)(a) of this section, statewide electronic read-only
access to the name index and register of actions of the judicial department
must be allowed to the following agencies or persons:
(c) Guardians ad litem
OR COUNSEL FOR YOUTH under contract with
the office of the child's representative, created in section 13-91-104, C.R.S.,
or authorized by the office of the child's representative to act as a guardian ad litem
OR AN ATTORNEY UNDER CONTRACT OR EMPLOYED BY THE OFFICE
OF THE CHILD
'S REPRESENTATIVE, as it relates to a case in which they are
appointed by the court;
SECTION 19. In Colorado Revised Statutes, 19-1-305, amend
(1)(a) as follows:
19-1-305. Operation of juvenile facilities. (1) Except as otherwise
authorized by section 19-1-303 or 19-1-304 (8), all records prepared or
obtained by the department of human services in the course of carrying out
its duties pursuant to article 2.5 of this title 19 are confidential and
privileged. The records may be disclosed only:
(a) To the parents, legal guardian, legal custodian, attorney for the
juvenile, district attorney, guardian ad litem,
COUNSEL FOR YOUTH, law
enforcement official, and probation officer;
SECTION 20. In Colorado Revised Statutes, 19-1-307, amend (2)
introductory portion, (2)(d), and (2.3)(c) as follows:
19-1-307. Dependency and neglect records and information -
access - fee - rules - records and reports fund - misuse of information
- penalty - adult protective services data system check. (2) Records and
reports - access to certain persons - agencies. Except as set forth in
section 19-1-303, only the following persons or agencies shall
have access
to child abuse or neglect records and reports:
(d) Any person named in the report or record who was alleged as a
child to be AN abused or neglected CHILD or, if the child named in the report
or record is a minor or is otherwise incompetent at the time of the request,
his or her THE CHILD'S guardian ad litem OR COUNSEL FOR YOUTH;
(2.3) The following agencies or attorneys appointed by the court
PAGE 15-HOUSE BILL 22-1038 must be granted statewide read-only access to the name index and register
of actions for the judiciary department:
(c) Guardians ad litem
OR COUNSEL FOR YOUTH under contract with
the office of the child's representative, created in section 13-91-104, C.R.S.,
or authorized by the office of the child's representative to act as a guardian ad litem
OR COUNSEL FOR YOUTH, as it relates to a case in which they are
appointed by the court; and
SECTION 21. In Colorado Revised Statutes, 19-3-201, amend (1),
(4)(b) introductory portion, and (4)(b)(I) as follows:
19-3-201. Venue. (1) (a) Except as provided in paragraph (b) of this
subsection (1) SUBSECTION (1)(b) OF THIS SECTION, all proceedings brought
under PURSUANT TO this article shall ARTICLE 3 MUST be commenced in the
county in which the child resides or is present.
(b) A county department, guardian ad litem
OR COUNSEL FOR YOUTH,
or other person filing a petition for reinstatement of the parent-child legal
relationship as set forth in section 19-3-612 must file the petition for the
reinstatement of the parent-child legal relationship in the county or city and
county that has legal custody of the child.
(4) (b) The order granting a change of venue and transferring
jurisdiction shall
MUST include:
(I) Notice to the receiving court of whether a respondent parent's
counsel and the guardian ad litem
OR COUNSEL FOR YOUTH appointed for the
child will remain on the case. If a respondent parent's counsel or the
guardian ad litem
OR COUNSEL FOR YOUTH for the child will not remain on
the case, the order shall
MUST inform the receiving court that the receiving
court shall make a new appointment of counsel or guardian ad litem
OR
COUNSEL FOR YOUTH
.
SECTION 22. In Colorado Revised Statutes, 19-3-208, amend
(3)(a) as follows:
19-3-208. Services - county required to provide - out-of-home
placement options - rules - definitions. (3) (a) The state board of human
services shall promulgate rules creating a standard and deliberate process
PAGE 16-HOUSE BILL 22-1038 for determining, in coordination with the education provider, parents, if
appropriate, guardian ad litem
OR COUNSEL FOR YOUTH, and the child, oryouth, whether it is in the best interest of a child or youth in out-of-home
placement to remain in his or her THE CHILD'S school of origin when the
child or youth is placed in out-of-home placement or experiences a change
in placement.
SECTION 23. In Colorado Revised Statutes, 19-3-213, amend
(1)(a) as follows:
19-3-213. Placement criteria. (1) In any case in which the county
department recommends placement out of the home for a child or in which
a child is in out-of-home placement, the court, the guardian ad litem, the
county department, any CASA volunteer, and other parties shall consider
the best interests of the child and shall comply with the following placement
criteria:
(a) Prior to the change of placement of a child, the county
department shall, to the extent possible, notify the guardian ad litem
OR
COUNSEL FOR YOUTH
, any CASA volunteer, and other parties. If the
guardian ad litem or other ANY party disagrees with the change of
placement, he or she THE PARTY may seek an emergency hearing concerning
the appropriate placement for a child. In an emergency, the county
department may proceed to make the change of placement prior to any
requested hearing.
SECTION 24. In Colorado Revised Statutes, 19-3-217, amend (3)
as follows:
19-3-217. Parent-child visitation upon removal. (3) Absent the
issuance of an emergency order, a parent granted visitation is entitled to a
hearing prior to an ongoing reduction in, suspension of, or increase in the
level of supervision, including a change from in-person visitation to virtual
visitation. If the court issues an emergency order suspending, reducing, or
restricting visitation, a parent is entitled to a hearing within seventy-two
hours after the order is issued, excluding Saturdays, Sundays, and court
holidays. The court need not hold a hearing if there is agreement by the
petitioner, guardian ad litem
OR COUNSEL FOR YOUTH, and parent to the
reduction, suspension, or increase in level of supervision of visits. Any such
agreement must be reduced to writing and filed with the court. Nothing in
PAGE 17-HOUSE BILL 22-1038 this section prevents the county department from canceling a visit if the
child's health or welfare would be endangered or if the parent consents to
the cancellation of the visit.
SECTION 25. In Colorado Revised Statutes, 19-3-308, amend (10)
introductory portion as follows:
19-3-308. Action upon report of intrafamilial, institutional, or
third-party abuse - investigations - child protection team - rules -
report. (10) In the event that the local department initiates a petition in the
juvenile court or the district court with juvenile jurisdiction on behalf of the
child who is the subject of a report, the department shall notify, in writing,
the guardian ad litem
OR COUNSEL FOR YOUTH appointed by the court under
PURSUANT TO section 19-3-312 to represent the child's interest. Such notice
shall MUST include:
SECTION 26. In Colorado Revised Statutes, 19-3-403, amend
(3.6)(a)(III) as follows:
19-3-403. Temporary custody - hearing - time limits - restriction
- rules. (3.6) (a) (III) The court shall advise the
CHILD'S parents of the child
that the child may be placed with a relative if, in the court's opinion, such
placement is appropriate and in the child's best interests. The court shall
order the parents to complete the form affidavit and advisement described
in subparagraph (I) of this paragraph (a)
SUBSECTION (3.6)(a)(I) OF THIS
SECTION
no later than seven business days after the date of the hearing or
prior to the next hearing on the matter, whichever occurs first. The original
completed form shall
MUST be filed with the court, and a copy delivered to
the county department of human or social services no later than five
business days after the date of the hearing. Each parent, the guardian ad
litem
OR COUNSEL FOR YOUTH, and counsel for each parent, if any, shall also
receive copies of the completed form. The court may advise each parent of
the penalties associated with perjury and contempt of court, if necessary.
Each parent may suggest an adult relative or relatives whom he or she
THE
PARENT
believes to be the most appropriate caretaker or caretakers for the
child. If appropriate, the child or children shall be consulted regarding
suggested relative caretakers. The court shall order each parent to notify
every relative who may be an appropriate relative caretaker for the child
that failure to come forward in a timely manner may result in the child being
placed permanently outside of the home of the child's relatives, if the child
PAGE 18-HOUSE BILL 22-1038 is not able to return to the child's home. In addition, the court shall advise
each parent that failure to identify these relatives in a timely manner may
result in the child being placed permanently outside of the home of the
child's relatives.
SECTION 27. In Colorado Revised Statutes, 19-3-705, amend
(3)(e) as follows:
19-3-705. Transition hearing. (3) The court shall advise the youth
that:
(e) The youth has the right to counsel who will represent the youth's
objectives, beginning on the youth's eighteenth birthday. The youth has the
right to choose whether to have the youth's current guardian ad litem
reappointed as counsel or to have a different individual appointed as
counsel pursuant to section 19-3-203. The youth has the right to consult
with the youth's counsel about the decision whether to emancipate THE
YOUTH HAS THE RIGHT TO COUNSEL WHO SHALL REPRESENT THE YOUTH
THROUGHOUT THE YOUTH
'S PARTICIPATION IN THE FOSTER YOUTH
TRANSITION PROGRAM
. The court shall advise the youth that the current
emancipation transition hearing may be continued for up to one hundred
nineteen days if the youth would like additional time to make a decision or
to prepare for emancipation. The court shall ask the youth whether the youth
has had sufficient opportunity to consult with counsel and if the youth is
ready to make a decision at the current time or, alternatively, if the youth
would like to request a continuance of up to one hundred nineteen days.
SECTION 28. In Colorado Revised Statutes, 19-5-208, amend
(4.5)(h) as follows:
19-5-208. Petition for adoption - open adoption - post-adoption
contact agreement. (4.5) (h) In any case where a post-adoption contact
agreement is being considered by the court and a guardian ad litem
OR
COUNSEL FOR YOUTH
is currently appointed for the child OR YOUTH pursuant
to section 19-3-203, the court shall appoint the guardian ad litem to
represent the best interests of the child
OR YOUTH, OR THE COUNSEL FOR
YOUTH TO REPRESENT THE POSITION AND OBJECTIVES THAT THE CHILD OR
YOUTH WANT
, with respect to the contact agreement. The guardian ad
litem's
OR COUNSEL FOR YOUTH 'S representation in these proceedings is
limited solely to making a recommendation as to whether the agreement
PAGE 19-HOUSE BILL 22-1038 proposed by the petitioner is in the best interests of the child and should be
adopted as proposed. The court shall not make additions or modifications
to the agreement in accordance with the recommendations of the guardian
ad litem
OR COUNSEL FOR YOUTH unless the petitioner consents to the
additions or modifications. The duties of the guardian ad litem
OR COUNSEL
FOR YOUTH
terminate upon the entry of the decree of adoption.
SECTION 29. In Colorado Revised Statutes, 19-5-217, amend (2)
as follows:
19-5-217. Enforcement or termination of post-adoption contact
agreement. (2) The court may appoint a guardian ad litem for the adopted
child,
OR A COUNSEL FOR YOUTH FOR AN ADOPTED CHILD TWELVE YEARS OF
AGE OR OLDER
, at the time of any action for the enforcement or termination
of the post-adoption contact agreement if the court determines that
consideration of the factors set forth in section 19-5-103 (9)(a) require the
appointment of a guardian ad litem
OR A COUNSEL FOR YOUTH . In all
adoptions other than those in which the child is placed by the county
department, a party or parties shall pay reasonable fees for the services of
the guardian ad litem
OR COUNSEL FOR YOUTH unless a party is indigent, in
which case such fees shall be paid by
the office of the child's representative
SHALL PAY THE FEES.
SECTION 30. In Colorado Revised Statutes, 19-7-101, amend
(1)(bb) as follows:
19-7-101. Legislative declaration. (1) The general assembly finds
and declares that youth in foster care, excluding those in the custody of the
division of youth services or a state hospital for persons with mental health
disorders, should enjoy the following:
(bb) Having a guardian ad litem appointed to represent the youth's
best interests
OR A COUNSEL FOR YOUTH APPOINTED TO REPRESENT THE
OBJECTIVES AND POSITIONS OF A YOUTH TWELVE YEARS OF AGE OR OLDER
;
and
SECTION 31. In Colorado Revised Statutes, 19-7-102, amend (1)
as follows:
19-7-102. Protection against identity theft. (1) The court shall
PAGE 20-HOUSE BILL 22-1038 ensure that each youth in foster care who is in the legal custody of a county
department of human or social services or the department of human services
and who is at least sixteen years of age obtains or receives free annual credit
reports from the department of human services or a county department of
human or social services. The county department of human or social
services or the department of human services shall inform the court with
jurisdiction over the youth, if any, of any inaccuracies in a report and refer
the matter to a governmental or nonprofit entity on the referral list
developed pursuant to subsection (2) of this section for assistance in
interpreting and resolving any inaccuracies in a report if the credit report
shows evidence of possible identity theft. The child's guardian ad litem
YOUTH'S COUNSEL FOR YOUTH shall advise the youth of possible
consequences of and options to address the possible identity theft, including
the right to report the matter to law enforcement and seek possible
prosecution of the offender.
SECTION 32. In Colorado Revised Statutes, 19-7-202, amend (2)
as follows:
19-7-202. Legislative declaration. (2) The general assembly
further finds and declares that it is the responsibility of all adults involved
in a youth's life, including but not limited to county departments, parents,
foster parents, guardians ad litem,
COUNSEL FOR YOUTH, court-appointed
special advocates, next of kin, treatment providers, and others, to seek
opportunities to foster those sibling relationships to promote continuity and
help to sustain family relationships.
SECTION 33. In Colorado Revised Statutes, 22-32-138, amend
(2)(b) introductory portion and (2)(b)(III) as follows:
22-32-138. Out-of-home placement students - school stability,
transfer, and enrollment procedures - absences - exemptions - provision
of academic supports - definitions. (2) (b) The child welfare education
liaison shall be
IS responsible for working with child placement agencies,
county departments, and the state department of human services to facilitate
services to maintain students in out-of-home placement in their schools of
origin or, if the county department determines that it is not in the students'
best interests to remain in the school of origin, facilitate the prompt and
appropriate placement, transfer, and enrollment in school of students in
out-of-home placement within the school district or who are enrolled or
PAGE 21-HOUSE BILL 22-1038 enrolling in institute charter schools. The child welfare education liaison's
specific duties include but need not be limited to:
(III) If a county department determines that it is not in the student's
best interest to remain in the school of origin, working with county
departments, juvenile probation officers, parents, guardian ad litems
OR
COUNSEL FOR YOUTH
, and foster care parents to ensure that the student is
enrolled in a new school immediately with transition planning, and that the
student's complete education information and records are requested
immediately by the student's new school upon enrollment;
SECTION 34. In Colorado Revised Statutes, 26-6-106.5, amend
(2)(b) as follows:
26-6-106.5. Foster care - kinship care - rules applying generally
- rule-making. (2) At a minimum, the rules described in subsection (1) of
this section must include the following:
(b) The immediate notification of a child's guardian ad litem
OR
COUNSEL FOR YOUTH
upon the child's placement in a foster care home, and
the provision of the guardian ad litem's
OR COUNSEL FOR YOUTH'S contact
information to the foster parents;
SECTION 35. In Colorado Revised Statutes, 26-7-104, amend
(1)(e)(I) as follows:
26-7-104. General information for prospective adoptive families.
(1) At the time that the family is matched for adoption of a child or youth
who is potentially eligible for benefits pursuant to this article 7, the state
department, a county department, or a nonprofit child placement agency, as
appropriate, shall provide the prospective adoptive family, in writing, with
information concerning the following:
(e) Notice of the general right to bring to the adoption assistance
negotiation process:
(I) Parties who possess relevant information about a child's or
youth's history and needs, including the child's guardian ad litem
OR
COUNSEL FOR YOUTH
or the family's advocate; and
PAGE 22-HOUSE BILL 22-1038 SECTION 36. In Colorado Revised Statutes, 42-2-108, amend
(1)(a)(II), (1)(a)(III), (1)(b)(I), (1)(b)(II)(B), and (2)(b) as follows:
42-2-108. Application of minors - rules. (1) (a) (II) When an
applicant has been made a ward of any court in the state for any reason and
has been placed in foster care, the foster parents or parent may sign the
affidavit of liability for the minor. If the parent or foster parent is unwilling
or unable to sign the affidavit of liability, a guardian ad litem
OR COUNSEL
FOR YOUTH
, an official of the county department of human or social services
having custody of the applicant, or an official of the division of youth
services in the state department of human services having custody of the
applicant may sign the application for an instruction permit without signing
the affidavit of liability for the minor if the requirements of subsection
(1)(b) of this section are met; except that, prior to signing the application for
an instruction permit, the guardian ad litem
OR COUNSEL FOR YOUTH or
other official shall notify the court of his or her
THE GUARDIAN AD LITEM'S
OR COUNSEL FOR YOUTH
'S OR OTHER OFFICIAL'S intent to sign the
application, and except that the guardian ad litem
OR COUNSEL FOR YOUTH
or official shall not sign the application for an instruction permit for a minor
who is placed in foster care and is under seventeen years of age without first
obtaining the consent of the foster parent. If the minor is seventeen years of
age or older and is in the care of a foster parent, in order to prepare the
minor for emancipation from foster care and to assist the minor in obtaining
important life skills, the guardian ad litem
OR COUNSEL FOR YOUTH or
official shall consult with the foster parent of the minor about the
opportunity for the minor to learn driving skills under the restrictions
provided in subsection (1)(b) of this section prior to signing an application
for an instruction permit. The guardian ad litem
OR COUNSEL FOR YOUTH or
official shall solicit the opinion of the minor's foster parent concerning the
minor's ability to exercise good judgment and make decisions as well as the
minor's overall capacity to drive.
(III) When a minor to whom an instruction permit or minor driver's
license has been issued is required to appear before the department for a
hearing in accordance with this article 2, the person who signed the
affidavit of liability for the minor or the guardian ad litem
OR COUNSEL FOR
YOUTH
or official who signed the application for an instruction permit for
the minor shall accompany the minor. If the person who signed the minor's
affidavit of liability or application for an instruction permit is unable to
attend the hearing, he or she
THE PERSON shall submit to the department a
PAGE 23-HOUSE BILL 22-1038 verified signed statement certifying under oath that he or she THE PERSON
is aware of the purpose of the hearing but cannot attend.
(b) The department shall issue an instruction permit to an applicant
under eighteen years of age who is otherwise eligible to obtain an
instruction permit and who has been made a ward of the court and who is
in out-of-home placement without the requirement of a person signing an
affidavit of liability if the following requirements are met:
(I) The guardian ad litem
OR COUNSEL FOR YOUTH, an official of the
county department of human or social services having custody of the
applicant, or an official of the division of youth services in the state
department of human services having custody of the applicant signs the
application for an instruction permit; and
(II) (B) If the minor is in the care of a foster parent and is at least
seventeen years of age, the guardian ad litem
OR COUNSEL FOR YOUTH or the
official has consulted with the foster parent prior to signing the application
for an instruction permit.
(2) (b) A guardian ad litem
OR A COUNSEL FOR YOUTH, an official of
a county or district department of human or social services, or an official of
the division of youth services in the state department of human services who
signs a minor's application for an instruction permit or a minor driver's
license but does not sign an affidavit of liability does not impute liability on
themselves, on the county, or on the state for any damages caused by the
negligence or willful misconduct of the applicant.
SECTION 37. Act subject to petition - effective date. This act
takes effect January 9, 2023; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 24-HOUSE BILL 22-1038 held in November 2022 and, in such case, will take effect January 9, 2023,
or on the date of the official declaration of the vote thereon by the governor,
whichever is later.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 25-HOUSE BILL 22-1038