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HOUSE BILL 26-1227
BY REPRESENTATIVE(S) Gilchrist and Bradfield, Brown, Camacho,
Duran, Froelich, Lindsay, McCormick, Nguyen, Paschal, Ricks, Rydin,
Stewart K., Story;
also SENATOR(S) Mullica and Daugherty, Amabile, Benavidez, Exum,
Hinrichsen, Jodeh, Kipp, Lindstedt, Snyder, Weissman, Coleman.
CONCERNING AFFIRMING THE RIGHTS OF CHILDREN AND YOUTH IN
DEPENDENCY AND NEGLECT PROCEEDINGS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-3-502, amend ( 4.5);
and add (4.7) as follows:
19-3-502. Petition form and content - limitations on claims in
dependency or neglect actions.
( 4.5) A child OR YOUTH named in the petition shall be a party to the
proceedings and have the right to attend and fully participate in all hearings
related to the child's OR YOUTH'S case. As A PARTY TO THE PROCEEDINGS, A
CHILD OR YOUTH HAS LEGAL STANDING REGARDING ALL MA TIERS RELATED
TO THE CHILD'S OR YOUTH'S INTERESTS AND THE RIGHT TO HA VE THE CHILD'S
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.
OR YOUTH'S INTERESTS FULLY REPRESENTED BY THE GUARDIAN AD LITEM OR
COUNSEL FOR YOUTH THROUGHOUT THE PROCEEDINGS, INCLUDING APPEALS.
The child's OR YOUTH'S guardian ad litem or counsel for youth shall provide
developmentally appropriate notice to the child OR YOUTH of all hearings
related to the child's OR YOUTH'S case.
( 4. 7) (a) IF A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
SEEKS DISMISSAL OF A PETITION FILED PURSUANT TO SECTION 19-3-501
PRIOR TO THE ADJUDICATORY HEARING HELD PURSUANT TO SECTION
19-3-505, AND THE CHILD OR YOUTH, THROUGH THE CHILD'S OR YOUTH'S
GUARDIAN AD LITEM OR COUNSEL FOR YOUTH, OBJECTS TO THE DISMISSAL
AND ARTICULATES A BASIS UPON WHICH THE CHILD IS ABUSED OR
NEGLECTED PURSUANT TO SECTION 19-1-103 (l)(a), THE COURT SHALL SET
A HEARING TO DETERMINE WHETHER OR NOT THE COUNTY DEPARTMENT OF
HUMAN OR SOCIAL SERVICES HAS A REASONABLE BASIS TO DISMISS THE
CASE. THE COURT MAY HEAR FROM THE PARTIES REGARDING THE
APPROPRIATENESS OF THE DISMISSAL. IF THE COURT DETERMINES THE
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHOWS A
REASONABLE BASIS FOR DISMISSAL, THE COURT SHALL DISMISS THE
PETITION, BUT IF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
DOES NOT SHOW REASONABLE BASIS TO DISMISS THE CASE, THE COURT MUST
ALLOW THE CASE TO PROCEED.
(b) THIS SUBSECTION ( 4.7) DOES NOT AUTHORIZE A CHILD OR YOUTH
TO FILE A PETITION ON THE CHILD'S OR YOUTH'S BEHALF.
(c) THIS SUBSECTION (4.7) DOES NOT LIMIT A PARTY'S RIGHT TO
DEMAND A JURY TRIAL PURSUANT TO SECTION 19-3-202.
SECTION 2. In Colorado Revised Statutes, 19-3-203, amend (6)
as follows:
19-3-203. Right to guardian ad litem and counsel for youth.
( 6) A person appointed to serve as counsel for youth 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
PAGE 2-HOUSE BILL 26-1227
responsibilities of a guardian ad litem and counsel for youth in legal matters
affecting children or youth. Counsel for youth shall ensure that the ehild OI
youth has teptesentation thtough pending appeals PARTICIPATE FULLY IN
THE PROCEEDINGS TO THE DEGREE NECESSARY TO REPRESENT THE YOUTH,
INCLUDING APPEALING MATTERS TO THE COURT OF APPEALS OR THE
SUPREME COURT.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); 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
such period, then the act, item, section, or part will not take effect unless
PAGE 3-HOUSE BILL 26-1227
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Juli~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
~ ourik
SECRETARY OF
THE SENATE
APPROVED Ot') YnonfApi._1 JVhL ~ ~ ~-l-11 : CXJam
(bate and Time)
Jared S. ,
GOVE S A TE OF COLORADO
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