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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0441.01 Shelby Ross x4510 HOUSE BILL 26-1227
House Committees Senate Committees
Health & Human Services
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 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
(4.7) (a) O NCE A PETITION HAS BEEN FILED , ORDERED , OR17
AUTHORIZED, IF A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES18
SEEKS DISMISSAL OF THE PETITION PRIOR TO THE ADJUDICATORY HEARING19
AND THE CHILD OR YOUTH, THROUGH THE CHILD'S OR YOUTH'S GUARDIAN20
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AD LITEM OR COUNSEL FOR YOUTH, OBJECTS TO THE DISMISSAL, THE CHILD1
OR YOUTH HAS A RIGHT TO PURSUE A DETERMINATION BY THE COURT AS2
TO WHETHER THE CHILD OR YOUTH IS DEPENDENT OR NEGLECTED, UNLESS3
THE CHILD OR YOUTH, THROUGH THE CHILD'S OR YOUTH'S GUARDIAN AD4
LITEM OR COUNSEL FOR YOUTH , CANNOT ARTICULATE A BASIS UPON5
WHICH ADJUDICATION CAN BE GRANTED.6
(b) THIS SUBSECTION (4.7) DOES NOT LIMIT A PARENT'S RIGHT TO7
DEMAND A JURY TRIAL PURSUANT TO SECTION 19-3-202.8
SECTION 2. In Colorado Revised Statutes, 19-3-203, amend (6)9
as follows:10
19-3-203. Right to guardian ad litem and counsel for youth.11
(6) A person appointed to serve as counsel for youth pursuant to12
this section shall comply with the Colorado rules of professional conduct,13
provisions set forth in a chief justice directive concerning the court14
appointment of counsel for youth in this title 19, and subsequent chief15
justice directives or practice standards established by rule or directive of16
the chief justice pursuant to section 13-91-105 concerning the duties and17
responsibilities of a guardian ad litem and counsel for youth in legal18
matters affecting children or youth. Counsel for youth shall ensure that19
the child or youth has representation through pending appeals20
PARTICIPATE FULLY IN THE PROCEEDINGS TO THE DEGREE NECESSARY TO21
REPRESENT THE YOUTH, INCLUDING APPEALING MATTERS TO THE COURT22
OF APPEALS OR THE SUPREME COURT.23
SECTION 3. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
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the support and maintenance of the departments of the state and state1
institutions.2
HB26-1227-4-