(1) The court shall appoint a guardian ad litem for the child in all dependency or neglect cases under this title.
(2) The court may appoint a guardian ad litem in the following cases:
(a) For a child in a delinquency proceeding where:
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;
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
The court makes specific findings that the appointment of a guardian ad litem isnecessary to serve the best interests of the child and such specific findings are included in the court's order of appointment.
For a child in proceedings under the "School Attendance Law of 1963", article 33 oftitle 22, C.R.S., when the court finds that the appointment is necessary due to exceptional and extraordinary circumstances;
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.
For an underage party seeking a marriage license, as provided in section 14-2-108 (2).
(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.
The guardian ad litem for the child shall have the right to participate in all proceedings as a party, except in delinquency cases.
(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 shall terminate in a delinquency proceeding:
At the time sentence is imposed, unless the court continues the appointment becausethe child is sentenced to residential or community out-of-home placement as a condition of probation; or
When the child reaches eighteen years of age, unless the child has a developmentaldisability.
(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:
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;
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.
The guardian ad litem shall cooperate with any CASA volunteer appointed pursuantto section 19-1-206.
Any person appointed to serve as a guardian ad litem pursuant to this section shallcomply with the provisions set forth in any chief justice directive concerning the court appointment of guardians ad litem and other representatives and of counsel for children and indigent persons in titles 14, 15, 19 (dependency and neglect only), 22, and 27, C.R.S., 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, C.R.S., 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.
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.