HB 22-1038 Summary

• Establishes "counsel for youth" as a new role providing client-directed legal representation for youth ages 12 and older in dependency and neglect proceedings, with duties including undivided loyalty, confidentiality, and competent representation equivalent to adult clients.

• Mandates appointment of counsel for youth for all youth ages 12 and older in dependency and neglect cases, while guardian ad litem representation remains mandatory for children under 12 and optional for older youth with diminished capacity.

• Requires automatic transition from guardian ad litem to counsel for youth upon a child's 12th birthday, with counsel continuing through case dismissal or new appointment, and mandates court issuance of new appointment order within seven days.

• Grants counsel for youth and children/youth the right to full participation in proceedings, including court attendance, developmentally appropriate notice of hearings, access to all relevant case records, and representation through pending appeals.

• Effective date is January 9, 2023, subject to referendum petition rights under the Colorado Constitution.