Colorado § 19-1-111 - Appointment of guardian ad litem.

§ 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.

Source: 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 February 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. 207, p. 942, § 3, effective May 1. L. 2014: (2.5) added, (HB 14-1032), ch. 247, p. 954, § 5, effective November 1. L. 2015: (6) amended, (SB 15-264), ch. 259, p. 952, § 41, effective August 5. L. 2017: (2)(c) amended, (SB 17-242), ch. 263, p. 1309, § 150, effective May 25. L. 2019: (2)(d) added, (HB 19-1316), ch. 380, p. 3422, § 6, effective August 2. L. 2022: (1), IP(4)(b), (4)(b)(II), and (6) amended and (2)(e) added, (HB 22-1038), ch. 92, p. 433, § 6, effective January 9, 2023.

Editor's note: 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.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.

ANNOTATION

Law reviews. For article, "The Role of Parents' Counsel in Dependency and Neglect Proceedings — Part I", see 14 Colo. Law. 568 (1985). For article, "The Role of Children's Counsel in Contested Child Custody, Visitation and Support Cases", see 15 Colo. Law. 224 (1986). For article, "Final Draft of Proposed GAL Standards of Practice", see 22 Colo. Law. 1907 (1993). For Supreme Court directive, see "Colorado Supreme Court Issues a Directive on GALs in Cases Under CRS Title 19", 25 Colo. Law. 17 (Mar. 1996). For article, "The Role of the Guardian ad Litem in Juvenile Delinquency Court", see 27 Colo. Law. 53 (Feb. 1998). For article, "The Guardian ad Litem in Juvenile Delinquency Court", see 27 Colo. Law. 83 (Mar. 1998). For article, "The Updated Role of the Guardian ad Litem in Juvenile Delinquency Cases", see 31 Colo. Law. 79 (May 2002). For article, "Ethical Issues for Guardians ad Litem Representing Children in Dependency and Neglect Cases", see 31 Colo. Law. 43 (Oct. 2002). For article, "Report-Writing Tips for Guardians ad Litem in Dependency and Neglect Cases", see 31 Colo. Law. 87 (Oct. 2002). For casenote, "A Colorado Child's Best Interests: Examining the Gabriesheski Decision and Future Policy Implications", see 85 U. Colo. L. Rev. 537 (2014). For article, "Defense Counsel's Duties in Juvenile Delinquency Cases: Should a Guardian ad Litem be Appointed?", see 47 Colo. Law. 48 (Nov. 2018). For article, "House Bill 22-1038: Colorado Continues its History of Expanding Children's Voice and Representation in D&N Proceedings", see 52 Colo. Law. 34 (Apr. 2023).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

This section does not limit a court's discretionary power to appoint a guardian ad litem (GAL) to only those parents determined to be mentally ill or developmentally disabled. People in Interest of M.M., 726 P.2d 1108 (Colo. 1986).

Duties of parent's GAL and attorney in termination proceedings discussed in People in Interest of M.M., 726 P.2d 1108 (Colo. 1986).

In dependency and neglect proceeding, GAL appointed for respondent parent with intellectual disability does not have a statutory right to participate in proceedings or to make recommendations to the court. GAL's role is different when representing an adult than when representing a child. The role is assistive: to facilitate communication between the parent and parent's counsel and to help parent participate in the proceeding. People in Interest of T.M.S., 2019 COA 136, 454 P.3d 375.

GAL improperly participated when she purported to represent parent's best interests while advocating terminating parental rights, against parent's legal interest and over parent's objection. People in Interest of T.M.S., 2019 COA 136, 454 P.3d 375.

Period of appointment of GAL. A GAL appointed with respect to a motion to terminate the parent-child relationship serves until entry of a final decree of adoption or until the juvenile court jurisdiction is terminated. People in Interest of M.C.P., 768 P.2d 1253 (Colo. App. 1988).

Father did not waive his right to the appointment of a GAL when he did not appear in court. Because father was in custody out of state, unrepresented, and indigent, he could not appear in court. Nothing prohibits such an appointment should a parent fail to appear. In re R.L.S., 2019 COA 112, 451 P.3d 1249.

Court erred in appointing GAL to assist parent and then allowing GAL to testify against parent in closing arguments, violating parent's right to fundamentally fair procedures in termination proceeding. GAL had no right to present closing argument or to make recommendations based on independent observations not in evidence. People in Interest of T.M.S., 2019 COA 136, 454 P.3d 375.