HB 22-1038

House Bill 22-1038, also known as the "Right To Counsel For Youth," ensures that children aged 12 and older involved in dependency and neglect cases have their own lawyer who will represent them. This means they can't waive this right to legal representation, and if a child is 12 or older but has limited mental capacity, both a guardian ad litem and an attorney for the youth are appointed. The bill has been signed into law, meaning it's now official policy in Colorado and must be followed.

Official Summary

Current law requires the appointment of a guardian ad litem for children or youth in dependency and neglect cases. The act requires that client-directed counsel for youth be appointed for children or youth 12 years of age or older to provide specialized client-directed legal representation. The act prohibits the waiver of a child's or youth's right to counsel in dependency and neglect proceedings. The act also allows a child or youth to be a party in a dependency and neglect proceeding. For a child or youth 12 years of age or older with diminished capacity, a guardian ad litem shall remain in the role and separate counsel for the child or youth must be appointed. (Note: This summary applies to this bill as enacted.)

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