2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 1 - GENERAL PROVISIONS (§§ 19-1-101 — 19-1-401) › Part 1 - GENERAL PROVISIONS (§§ 19-1-101 — 19-1-131) › Section 19-1-111 - Appointment of guardian ad litem

(1)
The court shall appoint a guardian ad litem for every child under twelve years of age in all dependency and neglect cases pursuant to this title 19.
(2)
The court may appoint a guardian ad litem in the following cases:
(a)
For a child in a delinquency proceeding where:
(I)
No parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent appears at the first or any subsequent hearing in the case;
(II)
The court finds that a conflict of interest exists between the child and parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent; or
(III)
The court makes specific findings that the appointment of a guardian ad litem is necessary to serve the best interests of the child and such specific findings are included in the court's order of appointment.
(b)
For a child in proceedings under the "School Attendance Law of 1963", article
33
of title
22
, C.R.S., when the court finds that the appointment is necessary due to exceptional and extraordinary circumstances;
(c)
For a parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, stepparent, or spousal equivalent in dependency or neglect proceedings who has been determined to have a behavioral or mental health disorder or an intellectual and developmental disability by a court of competent jurisdiction; except that, if a conservator has been appointed, the conservator shall serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, the conservator shall be informed that a guardian ad litem has been appointed.
(d)
For an underage party seeking a marriage license, as provided in section
14-2-108 (2)
.
(e)
For a youth who is twelve years of age or older in a dependency and neglect 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.
(2.5)
A court shall not deem a guardian ad litem who is appointed by the court for a juvenile in a delinquency proceeding pursuant to subsection (2) of this section to be a substitute for defense counsel for the juvenile.
(3)
The guardian ad litem for the child shall have the right to participate in all proceedings as a party, except in delinquency cases.
(4)
(a)
Except as provided in paragraphs (b) and (c) of this subsection (4), the appointment of a guardian ad litem pursuant to this section shall continue until such time as the court's jurisdiction is terminated.
(b)
The appointment of the guardian ad litem terminates in a delinquency proceeding:
(I)
At the time sentence is imposed, unless the court continues the appointment because the child is sentenced to residential or community out-of-home placement as a condition of probation; or
(II)
When the child reaches eighteen years of age, unless the court continues the appointment because the court determines the appointment is necessary because of the youth's diminished capacity.
(c)
The court may terminate the appointment of a guardian ad litem in a delinquency proceeding on its own motion or on the motion of the guardian ad litem when the appointment is no longer necessary due to any of the following reasons:
(I)
The child's parent, guardian, legal custodian, custodian, person to whom parental responsibilities have been allocated, relative, stepparent, or spousal equivalent appears at a hearing in the case;
(II)
The conflict of interest described in subparagraph (II) of paragraph (a) of subsection (2) of this section no longer exists; or
(III)
The appointment no longer serves the best interests of the child.
(5)
The guardian ad litem shall cooperate with any CASA volunteer appointed pursuant to section
19-1-206
.
(6)
Any person appointed to serve as a guardian ad litem pursuant to this section shall comply with any chief justice directive concerning the court appointment of guardians ad litem and other representatives and of counsel for youth and indigent persons in titles 14, 15, 22, and 27 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
concerning the duties or responsibilities of guardians ad litem in legal matters affecting children.
Amended by 2022 Ch. 92, § 6, eff. 1/9/2023.
Amended by 2019 Ch. 380, § 6, eff. 8/2/2019.
Amended by 2017 Ch. 263, § 150, eff. 5/25/2017.
Amended by 2015 Ch. 259, § 41, eff. 8/5/2015.
Amended by 2014 Ch. 247, § 5, eff. 11/1/2014.
L. 87: Entire title R&RE, p. 702, § 1, effective October 1. L. 92: (1) amended, p. 221, § 4, effective July 1. L. 96: (5) added, p. 1089, § 2, effective May 23. L. 98: (2)(a)(I), (2)(a)(II), and (2)(c) amended, p. 1405, § 62, effective 2/1/1999. L. 2000: (6) added, p. 1774, § 4, effective July 1. L. 2006: (2)(c) amended, p. 1400, § 52, effective August 7. L. 2009: (2)(a)(III), (2)(b), and (4) amended, (SB 09-268), ch. 942, p. 942, § 3, effective May 1. L. 2014: (2.5) added, (HB 14-1032), ch. 954, p. 954, § 5, effective November 1. L. 2015: (6) amended, (SB 15-264), ch. 952, p. 952, § 41, effective August 5. L. 2017: (2)(c) amended, (SB 17-242), ch. 1309, p. 1309, § 150, effective May 25. L. 2019: (2)(d) added, (HB 19-1316), ch. 3422, p. 3422, § 6, effective August 2.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2022 Ch. 92, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.