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HB26-1227 • 2026

Minors' Rights in Dependency & Neglect Proceedings

Current law states that a child or youth named in a petition related to dependency and neglect proceedings is a party to the proceedings and has a right to attend and fully participate in all hearings

Budget Children Parental Rights
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. M. Bradfield, Rep. L. Gilchrist, Sen. K. Mullica
Last action
2026-04-20
Official status
House Third Reading Laid Over Daily - No Amendments
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information about the bill's effective date or specific implementation details.

Minors' Rights in Dependency & Neglect Proceedings

This bill affirms that minors involved in dependency and neglect cases have a right to participate fully in all hearings, including appeals, and the right to object if the case is dismissed before an official hearing.

What This Bill Does

  • Confirms that minors named in dependency or neglect petitions are parties to the proceedings with full rights to attend and participate in all related hearings.
  • Ensures minors have legal standing regarding matters affecting their interests, requiring representation by a guardian ad litem or counsel for youth throughout the process, including appeals.
  • Requires the court to hold a hearing if a county department of human or social services seeks dismissal of a petition before an official hearing and the minor objects based on abuse or neglect allegations.

Who It Names or Affects

  • Children and youth involved in dependency and neglect proceedings
  • County departments of human or social services

Terms To Know

Guardian ad litem
A person appointed by the court to represent a minor's interests in legal matters.
Counsel for youth
Legal representation provided specifically for minors involved in dependency and neglect cases.

Limits and Unknowns

  • It remains unclear how this legislation will be implemented by local courts and social services departments.
  • There are no details on funding or resources to support these changes in practice.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.006

HOU Appropriations

Passed [*]

Plain English: The amendment adds new rules for when a county department wants to dismiss a dependency and neglect case before an adjudicatory hearing, requiring the court to hold a separate hearing if the child's guardian ad litem or counsel objects.

  • Adds a new section (4.7) that requires courts to hold a hearing if a county department of human or social services seeks dismissal of a dependency and neglect case before an adjudicatory hearing, and the child’s representative objects.
  • Specifies that this new rule does not allow children to file petitions on their own behalf.
  • Clarifies that this section does not affect parents' rights to demand a jury trial.
  • The amendment text is complex and may have implications beyond what is explicitly stated, such as how it affects existing case law or procedures.
L.001

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes the law so that if a legal guardian or lawyer for a child in dependency and neglect cases objects to dismissing the case, there must be a hearing before a judge to decide if the child is dependent or neglected.

  • Adds a requirement for a hearing by a judicial officer when a legal representative of a minor opposes the dismissal of a case.
  • The amendment text does not specify what happens after the hearing, so it's unclear how the decision will be used or who makes final decisions based on the evidence presented.
L.002

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes when a new law about minors' rights in dependency and neglect proceedings will take effect.

  • Removes lines from page 3 of the bill that were previously set to determine the effective date of the act.
  • Adds a new section on page 4 specifying that the act will take effect after a ninety-day period following the end of the general assembly, unless there is a referendum petition filed against it.
  • The exact details about what was removed from page 3 are not provided in the amendment text.
  • It's unclear how the new effective date will impact minors' rights before and after its implementation.
L.007

Second Reading

Passed [**]

Plain English: The amendment changes the conditions under which a court can dismiss a petition in dependency and neglect proceedings.

  • Changes the phrase 'THAT' to 'A BASIS UPON WHICH' on page 1, line 10 of the Appropriations Committee Report.
  • Adds new language after 'DISMISSAL,' stating that if the court determines there is a reasonable basis for dismissal by the county department of human or social services, the petition shall be dismissed.
  • Replaces 'PARENT'S' with 'PARTY'S' on page 1, line 20.
  • The amendment text does not provide full context about how these changes will affect minors' rights in dependency and neglect proceedings.

Bill History

  1. 2026-04-20 House

    House Third Reading Laid Over Daily - No Amendments

  2. 2026-04-17 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  3. 2026-04-17 House

    House Committee on Appropriations Refer Amended to House Committee of the Whole

  4. 2026-03-04 House

    House Committee on Health & Human Services Refer Amended to Appropriations

  5. 2026-02-18 House

    Introduced In House - Assigned to Health & Human Services

Official Summary Text

Current law states that a child or youth named in a petition related to dependency and neglect proceedings is a party to the proceedings and has a right to attend and fully participate in all hearings related to the case. The bill affirms that as a party to the proceedings, the child or youth has legal standing regarding all matters related to the child's or youth's interests and the right to have the child's or youth's interests fully represented by the guardian ad litem or counsel for youth throughout the proceedings, including appeals.
Once a petition is filed, ordered, or authorized for a dependency and neglect proceeding, if a county department of human or social services seeks dismissal of the petition prior to the adjudicatory hearing and the child or youth, through the child's or youth's guardian ad litem or counsel for youth, objects to the dismissal, the child has a right to a determination by the court as to whether the child or youth is dependent or neglected.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 26-0441.01 Shelby Ross x4510 HOUSE BILL 26-1227
House Committees Senate Committees
Health & Human Services
Appropriations
A BILL FOR AN ACT
CONCERNING AFFIRMING THE RIGHTS OF CHILDREN AND YOUTH IN101
DEPENDENCY AND NEGLECT PROCEEDINGS.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 states that a child or youth named in a petition related
to dependency and neglect proceedings is a party to the proceedings and
has a right to attend and fully participate in all hearings related to the
case. The bill affirms that as a party to the proceedings, the child or youth
has legal standing regarding all matters related to the child's or youth's
interests and the right to have the child's or youth's interests fully
HOUSE
Amended 2nd Reading
April 17, 2026
HOUSE SPONSORSHIP
Gilchrist and Bradfield,
SENATE SPONSORSHIP
Mullica,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
represented by the guardian ad litem or counsel for youth throughout the
proceedings, including appeals.
Once a petition is filed, ordered, or authorized for a dependency
and neglect proceed ing, if a county department of human or social
services seeks dismissal of the petition prior to the adjudicatory hearing
and the child or youth, through the child's or youth's guardian ad litem or
counsel for youth, objects to the dismissal, the child has a right to a
determination by the court as to whether the child or youth is dependent
or neglected.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-3-502, amend2
(4.5); and add (4.7) as follows:3
19-3-502. Petition form and content - limitations on claims in4
dependency or neglect actions.5
(4.5) A child OR YOUTH named in the petition shall be a party to6
the proceedings and have the right to attend and fully participate in all7
hearings related to the child's OR YOUTH 'S case. A S A PARTY TO THE8
PROCEEDINGS, A CHILD OR YOUTH HAS LEGAL STANDING REGARDING ALL9
MATTERS RELATED TO THE CHILD'S OR YOUTH'S INTERESTS AND THE RIGHT10
TO HAVE THE CHILD'S OR YOUTH'S INTERESTS FULLY REPRESENTED BY THE11
GUARDIAN AD LITEM OR COUNSEL FOR YOUTH THROUGHOUT THE12
PROCEEDINGS, INCLUDING APPEALS. The child's OR YOUTH'S guardian ad13
litem or counsel for youth shall provide developmentally appropriate14
notice to the child OR YOUTH of all hearings related to the child's OR15
YOUTH'S case.16
17
(4.7) (a) I F A COUNTY DEPARTMENT OF HUMAN OR SOCIAL18
SERVICES SEEKS DISMISSAL OF A PETITION FILED PURSUANT TO SECTION19
19-3-501 PRIOR TO THE ADJUDICATORY HEARING HELD PURSUANT TO20
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SECTION 19-3-505, AND THE CHILD OR YOUTH, THROUGH THE CHILD'S OR1
YOUTH'S GUARDIAN AD LITEM OR COUNSEL FOR YOUTH, OBJECTS TO THE2
DISMISSAL AND ARTICULATES A BASIS UPON WHICH THE CHILD IS ABUSED3
OR NEGLECTED PURSUANT TO SECTION 19-1-103 (1)(a), THE COURT SHALL4
SET A HEARING TO DETERMINE WHETHER OR NOT THE COUNTY5
DEPARTMENT OF HUMAN OR SOCIAL SERVICES HAS A REASONABLE BASIS6
TO DISMISS THE CASE . THE COURT MAY HEAR FROM THE PARTIES7
REGARDING THE APPROPRIATENESS OF THE DISMISSAL . IF THE COURT8
DETERMINES THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES9
SHOWS A REASONABLE BASIS FOR DISMISSAL, THE COURT SHALL DISMISS10
THE PETITION , BUT IF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL11
SERVICES DOES NOT SHOW REASONABLE BASIS TO DISMISS THE CASE, THE12
COURT MUST ALLOW THE CASE TO PROCEED.13
(b) T HIS SUBSECTION (4.7) DOES NOT AUTHORIZE A CHILD OR14
YOUTH TO FILE A PETITION ON THE CHILD'S OR YOUTH'S BEHALF.15
(c) THIS SUBSECTION (4.7) DOES NOT LIMIT A PARTY'S RIGHT TO16
DEMAND A JURY TRIAL PURSUANT TO SECTION 19-3-202.17
SECTION 2. In Colorado Revised Statutes, 19-3-203, amend (6)18
as follows:19
19-3-203. Right to guardian ad litem and counsel for youth.20
(6) A person appointed to serve as counsel for youth pursuant to21
this section shall comply with the Colorado rules of professional conduct,22
provisions set forth in a chief justice directive concerning the court23
appointment of counsel for youth in this title 19, and subsequent chief24
justice directives or practice standards established by rule or directive of25
the chief justice pursuant to section 13-91-105 concerning the duties and26
responsibilities of a guardian ad litem and counsel for youth in legal27
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matters affecting children or youth. Counsel for youth shall ensure that1
the child or youth has representation through pending appeals2
PARTICIPATE FULLY IN THE PROCEEDINGS TO THE DEGREE NECESSARY TO3
REPRESENT THE YOUTH, INCLUDING APPEALING MATTERS TO THE COURT4
OF APPEALS OR THE SUPREME COURT.5
6
SECTION 3. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly (August9
12, 2026, if adj ournment sine die is on May 13, 2026); except that, if a10
referendum petition is filed pursuant to section 1 (3) of article V of the11
state constitution against this act or an item, section, or part of this act12
within such period, then the act, item, section, or part will not take effect13
unless approved by the people at the general election to be held in14
November 2026 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
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