Colorado 2022 Regular Session Status: Enacted 1 D cosponsors

HB 22-1038 — Right To Counsel For Youth

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

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.)

Bill Text

What changed in the latest version

24 added · 17 removed

Plain-language change summary

The bill now clarifies that it includes all amendments adopted in the House of Introduction, as opposed to just those adopted on second reading. Additionally, it reinforces that the appointment of a guardian ad litem for children or youth in dependency and neglect cases is required, as previously stated. The bill also explicitly prohibits the waiver of a child's or youth's right to counsel. This means that children or youth cannot give up their right to legal representation, which may strengthen their legal advocacy in such cases.

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Latest
Second Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
22-0272.01 Alana Rosen x2606 HOUSE BILL 22-1038 HOUSE SPONSORSHIP Daugherty and Van Beber, SENATE SPONSORSHIP Moreno and Gardner, House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNINGCLIENT -DIRECTEDLEGALREPRESENTATIONFORYOUTH IN COURT PROCEEDINGS FOR YOUTH .
22-0272.01 Alana Rosen x2606 HOUSE BILL 22-1038 HOUSE SPONSORSHIP Daugherty and Van Beber, Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker, Carver, Cutter, Duran, Esgar, Exum, Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Jodeh, Lindsay, Lontine, Lynch, McCluskie, McCormick, Michaelson Jenet, Ortiz, Pelton, Pico, Rich, Ricks, Sandridge, Sirota, Snyder, Soper, Titone, Valdez A., Weissman, Will, Woodrow, Young SENATE SPONSORSHIP Moreno and Gardner, House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNINGCLIENT -DIRECTEDLEGALREPRESENTATIONFORYOUTH IN COURT PROCEEDINGS FOR YOUTH .
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Current law requires the appointment of a guardian ad litem for children or youth in dependencyand neglect cases.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n 2 passes third reading in the house of introduction, a bill summary that m 2 applies to the reengrossed version of this bill will be available at E n 8 U U 2 http://leg.colorado.gov.) O i a H a r Current law requires the appointment of a guardian ad litem for R e r F children or youth in dependencyand neglect cases.
The bill 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 g 2 representation.
The bill requires that 3 client-directed counsel for youth be appointed for children or youth 12 years of age or older to provide specialized client-directed legal representation.
i 0 Thebillprohibitsthewaiverofachild'soryouth'srighttocounsel a , S R 2 O n r Shading denotes HOUSE amendment.
i 2 a 2 Thebillprohibitsthewaiverofachild'soryouth'srighttocounsel E e 5 U d y O 2 a Shading denotes HOUSE amendment.
H d r Capital letters or bold & italic numbers indicate new material to be added to existing stadute.
H d r Capital letters or bold & italic numbers indicate new material to be added to existing statude.e Dashes through the words indicate deletions from existing statute.
Dashes through the words indicate deletions from existing statute.
e F A in dependency and neglect proceedings.
e F m A in dependency and neglect proceedings.
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Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Governor Signed

  2. Sent to the Governor

  3. Signed by the President of the Senate

  4. Signed by the Speaker of the House

  5. House Considered Senate Amendments - Result was to Concur - Repass

  6. Senate Third Reading Passed - No Amendments

  7. Senate Second Reading Passed with Amendments - Committee

  8. Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole

  9. Introduced In Senate - Assigned to Judiciary

  10. House Third Reading Passed - No Amendments

  11. House Second Reading Passed with Amendments - Committee, Floor

  12. House Second Reading Laid Over Daily - No Amendments

  13. House Committee on Judiciary Refer Amended to House Committee of the Whole

  14. Introduced In House - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 97 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (97)

97 members have not signed on to this bill.

Show all 97 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCUR

Passed 61 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 23000
Republican 8000
Unaffiliated 30004
Total 61004
% of votes cast 94%0%0%6%
How each member voted (65)
Member Party Vote
Bernett — Yea
Bird — Yea
Bockenfeld — Yea
Caraveo — Yea
Carver — Yea
Esgar — Yea
Geitner — Yea
Gonzales-Gutierrez — Yea
Gray — Yea
Hanks — Not Voting
Herod — Yea
Holtorf — Yea
Hooton — Yea
Larson — Yea
Lontine — Yea
Lynch — Not Voting
McKean — Yea
McLachlan — Yea
Neville — Yea
Ortiz — Yea
Pico — Yea
Ransom — Yea
Sandridge — Yea
Tipper — Not Voting
Will — Yea
Young — Yea
Garnett — Not Voting
Adrienne Benavidez — Yea
Michaelson Jenet — Yea
Valdez D. — Yea
Van Beber — Yea
Van Winkle — Yea
Williams D. — Yea
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Dylan Roberts Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Jennifer Bacon Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Karen McCormick Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Mandy Lindsay Democrat Yea
Marc Snyder Democrat Yea
Meg Froelich Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Steven Woodrow Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Dan Woog Republican Yea
Janice Rich Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Mary Bradfield Republican Yea
Matt Soper Republican Yea
Rod Pelton Republican Yea
Stephanie Luck Republican Yea

Official roll call →

REPASS

Passed 61 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 23000
Republican 8000
Unaffiliated 30004
Total 61004
% of votes cast 94%0%0%6%
How each member voted (65)
Member Party Vote
Bernett — Yea
Bird — Yea
Bockenfeld — Yea
Caraveo — Yea
Carver — Yea
Esgar — Yea
Geitner — Yea
Gonzales-Gutierrez — Yea
Gray — Yea
Hanks — Not Voting
Herod — Yea
Holtorf — Yea
Hooton — Yea
Larson — Yea
Lontine — Yea
Lynch — Not Voting
McKean — Yea
McLachlan — Yea
Neville — Yea
Ortiz — Yea
Pico — Yea
Ransom — Yea
Sandridge — Yea
Tipper — Not Voting
Will — Yea
Young — Yea
Garnett — Not Voting
Adrienne Benavidez — Yea
Michaelson Jenet — Yea
Valdez D. — Yea
Van Beber — Yea
Van Winkle — Yea
Williams D. — Yea
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Dylan Roberts Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Jennifer Bacon Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Karen McCormick Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Mandy Lindsay Democrat Yea
Marc Snyder Democrat Yea
Meg Froelich Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Steven Woodrow Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Dan Woog Republican Yea
Janice Rich Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Mary Bradfield Republican Yea
Matt Soper Republican Yea
Rod Pelton Republican Yea
Stephanie Luck Republican Yea

Official roll call →

BILL

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Unaffiliated 23000
Republican 4000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Buckner — Yea
Cooke — Yea
Coram — Yea
Donovan — Yea
Fields — Yea
Gardner — Yea
Ginal — Yea
Hansen — Yea
Hisey — Yea
Holbert — Yea
Lee — Yea
Lundeen — Yea
Moreno — Yea
Pettersen — Yea
Priola — Yea
Rankin — Yea
Scott — Yea
Smallwood — Yea
Sonnenberg — Yea
Woodward — Yea
Zenzinger — Yea
Fenberg — Yea
Jaquez Lewis — Yea
Chris Kolker Democrat Yea
James Coleman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tammy Story Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Larry Liston Republican Yea
Ty Winter Republican Yea

Official roll call →

BILL

Passed 64 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 23000
Republican 7001
Unaffiliated 34000
Total 64001
% of votes cast 98%0%0%2%
How each member voted (65)
Member Party Vote
Bernett — Yea
Bird — Yea
Bockenfeld — Yea
Caraveo — Yea
Carver — Yea
Esgar — Yea
Geitner — Yea
Gonzales-Gutierrez — Yea
Gray — Yea
Hanks — Yea
Herod — Yea
Holtorf — Yea
Hooton — Yea
Larson — Yea
Lontine — Yea
Lynch — Yea
McKean — Yea
McLachlan — Yea
Neville — Yea
Ortiz — Yea
Pico — Yea
Ransom — Yea
Sandridge — Yea
Tipper — Yea
Will — Yea
Young — Yea
Garnett — Yea
Adrienne Benavidez — Yea
Michaelson Jenet — Yea
Valdez D. — Yea
Van Beber — Yea
Van Winkle — Yea
Williams D. — Yea
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Dylan Roberts Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Jennifer Bacon Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Karen McCormick Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Mandy Lindsay Democrat Yea
Marc Snyder Democrat Yea
Meg Froelich Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Steven Woodrow Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Dan Woog Republican Yea
Janice Rich Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Mary Bradfield Republican Not Voting
Matt Soper Republican Yea
Rod Pelton Republican Yea
Stephanie Luck Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 22-1038 do?
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.)
Who sponsors HB 22-1038?
HB 22-1038 is sponsored by Bob Gardner, Dominick Moreno, Lindsey Daugherty (Democrat), and Van Beber.
What is the current status of HB 22-1038?
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Where can I track HB 22-1038?
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Last checked for changes 2 months ago · updated continuously

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