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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.
HB1038_S_JUD.001 SENATE COMMITTEE OF REFERENCE REPORT _______________________________ March 16, 2022 Chair of Committee Date Committee on Judiciary.
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 .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
HB22-1038 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar:
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.
Amend reengrossed bill, page 31, line 27, strike "such period," and substitute "the ninety-day period after final adjournment of the general assembly,".
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.
Page 32, line 3, strike the first "on".
i 0 Thebillprohibitsthewaiverofachild'soryouth'srighttocounsel a , S R 2 O n r Shading denotes HOUSE amendment.
Page32,line4,strike"governor."andsubstitute"governor,whicheveris later.".
Double underlining denotes SENATE amendment.
** *** ** *** **
H d r Capital letters or bold & italic numbers indicate new material to be added to existing stadute.
Dashes through the words indicate deletions from existing statute.
e F m A in dependency and neglect proceedings.
The bill 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.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
Legislativedeclaration.(1) Thegeneralassembly finds and declares that:
(a) Every child or youth has a liberty interest in the child's or youth's own health, safety, well-being, and family relationships, which may be directly impacted by dependency and neglect proceedings;
(b) Achildoryouthdeservestohaveavoicewhenimportantand life-altering decisions are made about the child's or youth's life;
(c) A child or youth has the right to high-quality legal representation, to attend court proceedings, and to participate in dependency and neglect proceedings;
(d) Every child or youth deserves an attorney throughout the pendency of the court proceedings.
Every child or youth twelve years of age or older deserves an attorneywho will consider the child's or youth's position and reasons for the position, provide independent counsel and independent investigation to inform those positions, and represent the child's or youth's position diligentlyboth inside and outside of court;
and (e) When a child or youth believes the child's or youth's position has been effectively advocated, procedural fairness and justice enhance the child's or youth's acceptance of the proceedings and the decisions made.
(2) Therefore,thegeneralassemblyfindsthateverychildoryouth -2- 1038 twelveyearsofageorolderdeservesaclient-directedlegalrepresentative whocanadvocateforthechildoryouth,communicateandunderstandthe complicated dynamics of trauma, guard against undue influence, and thoroughly grasp the law and practice standards established by rule or chief justice directives.
SECTION 2.
In Colorado Revised Statutes, 13-91-103, amend (2.5) as follows:
13-91-103.
Definitions.
As used in this article 91, unless the context otherwise requires:
(2.5) "Counsel for youth" means an attorney who is licensed to practice law in Colorado and ATTORNEY -AT-LAW WHO PROVIDES SPECIALIZED CLIEN-DIRECTED LEGAL REPRESENTATION FOR A CHILD OR YOUTH AND WHO OWES THE SAME DUTIES , INCLUDING UNDIVIDED LOYALTY ,CONFIDENTIALITY,ANDCOMPETENTREPRESENTATION ,TOTHE CHILD OR YOUTH AS IS DUE AN ADULT CLI.CTOUNSEL FOR YOUTH MAY BE appointed by the court to represent a child or youth in a proceeding pursuant to article 1, 3, or 7 of title 19, orgned by the office of the child's representative pursuant to article 7 of title 19.
"C FOR YOUTH " DOES NOT MEAN DEFENSE COUNSEL FOR A JUVENILE PURSUANT TO ARTICLE 2.5OF TITL19.
SECTION 3.
In Colorado Revised Statutes, 13-91-105, amend (1)(a)(V) as follows:
13-91-105.
Duties of the office of the child's representative - guardian ad litemand counsel for youth programs.
(1) In addition to any responsibilities assigned to it by the chief justice, the office of the child's representative shall:
(a) Enhance the provision of GAL or counsel for youth services -3- 1038 in Colorado by:
(V) Working cooperatively with the chief judge in each judicial district or group of judicial districts to jointly establish a local body to oversee the provision of guardian ad litem or counsel for youth services in that judicial district or districts.
The oversight bodies would operate andreportdirectlytothedirectorconcerningthepracticeof guardiansad litem or counsel for youth in that judicial district or districts pursuant to oversightproceduresestablishedbytheofficeofthechild'srepresentative W ORKINGCOOPERATIVELYWITHLOCALJUDICIALDISTRICTS ,ATTORNEYS , AND CHILDREN AND YOUTH IMPACTED BY THE CHILD WELFARE AND JUSTICESYSTEMTOFORMPARTNERSHIPSFORTHEPURPOSESOFENSURING HIGH-QUALITY LEGAL REPRESENTATION FOR CHILDREN AND YOUTH IN C OLORADO .
SECTION 4.
In Colorado Revised Statutes, 19-1-103, amend (26);
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and add (41.5) and (55.5) as follows:
19-1-103.
Definitions.
As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:
(26) "Child protection team", as used in part 3 of article 3 of this title 19, means a multidisciplinary team consisting, where possible, of a physician;
a representative of the juvenile court or the district court with juvenilejurisdiction;arepresentativeof alocallawenforcementagency;
a representative of the county department of human or social services;
a representative of a mental health clinic;
a representative of a county, district, or municipal public health agency;
an attorney;
a representative of a public school district;
and one or more representatives of the lay community,atleastone of whommustbeapersonwhoservesasafoster parent in the county.
Each public agency may have more than one -4- 1038 participatingmemberontheteam;exceptthat,invotingonproceduralor policy matters, each public agency shall havenly one vote.
In no eventmustanattorneymemberof thechildprotectionteambeappointed as guardian ad litem COUNSEL FOR YOUTH for the chiOR YOUTH or ascounselfortheparents at anysubsequentcourtproceedings.Thechild protection team must never be composed of fewer than three persons.
When any racial, ethnic, or linguistic minority group constitutes a significant portion of the population of the jurisdiction of the child protection team, a member of each such minoritygroup must serve as an additional lay member of the child protection team.
At least one of the preceding members of the team must be chosen on the basis of representing low-income families.
The role of the child protection team is advisory only.
(41.5) "CUNSELFORYOUTH "MEANSANATTORNEY AT LAWWHO PROVIDES SPECIALIZEDCLIENT-DIRECTEDLEGALREPRESENTATION FOR A CHILD OR YOUTH AND WHO OWES THE SAME DUTIES , INCLUDING UNDIVIDED LOYALTY , CONFIDENTIALITY , AND COMPETENT REPRESENTATION ,TO THE CHILD OR YOUTH AS IS DUE AN ADULT CLIE.T "C OUNSEL FOR YOUTH "DOES NOT MEAN DEFENSE COUNSEL FOR A JUVENILE PURSUANT TO ARTICLE2.5 OF THIS TITL19.
(55.5) "DIMINISHED CAPACITY"MEANS A CHILD OR YOUTH WHO LACKS SUFFICIENT CAPACITY TO COMMUNICATE OR MAKE CONSIDERED DECISIONS ADEQUATELY IN CONNECTION WITH THE CHILD'S OR YOUTH'S LEGALREPRESENTATION .AGEORDEVELOPMENTALMATURITYMUSTNOT BE THE SOLE BASIS FOR A DETERMINATION OF DIMINISHED CAPACI.Y SECTION5.
InColoradoRevisedStatutes,19-1-105,amend(2);
and add (3) as follows:
-5- 1038 19-1-105.
Right to counsel and jury trial.
(2) The right to counsel shallbeasISprovidedin this title;
except that, in all proceedings underthe"SchoolAttendanceLawof1963",article33oftitle22,C.R.S., the court mayappoint counsel or a guardian ad litem for the child, unless the child is already represented by counsel.
If the court finds that it is in the best interest and welfare of the child, the court may appoint both counsel and a guardian ad litemITLE 19.
Nothing in this title shall prevent TITLE 19 PREVENTS the court from appointing counselIN ADDITION TO A GUARDIAN AD LITEM FOR A CHILD if it deems representation by counsel necessary to protect the interests of the child.
or other parties.
In addition, in all proceedings under the "School Attendance Law of 1963", article 33 of title 22, C.R.S., the court shall make available to the child's parent or guardian ad litem information concerning the truancy process.
(3) IN PROCEEDINGS PURSUANT TO THE "SCHOOL A TTENDANCE L AW OF 1963", ARTICLE 33 OF TITLE22, THE COURT MAY APPOINT A GUARDIAN AD LITEM FOR THE CHILD ,UNLESS THE CHILD IS ALREADY REPRESENTED BY COUNSEL .F THE COURT FINDS THAT IT IS IN THE BEST INTEREST AND WELFARE OF THE CHILD ,THE COURT MAY APPOINT BOTH COUNSEL AND A GUARDIAN AD LITEM .
THE COURT SHALL MAKE INFORMATION REGARDING THE TRUANCY PROCESS AVAILABLE TO THE CHILD S PARENT OR GUARDIAN AD LITEM.
SECTION6.
InColoradoRevisedStatutes,19-1-111,amend(1), (4)(b)introductoryportion,(4)(b)(II), and (6);andadd(2)(e)asfollows:
19-1-111.
Appointment of guardian ad litem.
(1) The court shall appoint a guardian ad litem for theY child UNDER TWELVE YEARS OF AGE in all dependency AND neglect cases undPURSUANT -6- 1038 TO this titTITLE19.
(2) The court may appoint a guardian ad litem in the following cases:
(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 .
(4) (b) The appointment of the guardian ad litem shall terminate TERMINATES in a delinquency proceeding:
(II) Whenthechildreacheseighteenyearsofage,unlessthechild hasadevelopmentaldisabilityTHECOURTCONTINUESTHEAPPOINTMENT BECAUSE THE COURT DETERMINES THE APPOINTMENT IS NECESSARY BECAUSE OF THE YOUTH 'S DIMINISHED CAPACITY.
(6) Anypersonappointedtoserveasaguardianadlitempursuant to this section shall comply with the provisions set forth inief justice directive concerning the court appointment of guardians ad litem andotherrepresentativesandofcounselforchildrenYOUTH andindigent persons in titles 14, 15, 19 (dependency and neglect only),d 27 C.R.S.,AND THIS TITLE19, 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.,erning the duties or responsibilities of guardians ad litem in legal matters affecting children.
SECTION 7.
In Colorado Revised Statutes, 19-1-115, amend -7- 1038 (8)(c) and (8)(d) as follows:
19-1-115.
Legal custody - guardianship-placementoutofthe home - petition for review for need of placement.
(8) (c) After a petitionhasbeenfiled,thecourtshallpromptlyissueasummonsreciting briefly the substance of the petition.
The summons shallUST be substantially in the form specified in section 19-3-502 and be dealt with in the manner provided in section 19-3-503 and shall set forth the constitutional and legal rights of the child, THE CHILDS parents or guardian, and any other respondent, including the right to have an attorney present at the hearing on the petition.
The petitioner shall send the summons to the child and his orherHILD 'Sparents,guardian,or legal custodian by certified maHE COURT SHALL GIVE notice of the hearingshallbegivenbythecourt tothedirectorofthefacilityoragency in which the child is placed and any person who has physical custody of the child and any attorney or guardian ad litemUNSEL FOR YOUTH of record.
Nothing in this subsection (8) shall requireIRES the presence of any person before the court unless the court so directs.
(d) The court shall appoint a guardian ad litemOR A CHILD UNDER TWELVE YEARS OF AGE ,OR COUNSEL FOR YOUTH IF THE YOUTH IS TWELVE YEARS OF AGE OR OLDER , to protect the interest of the child for any childOR YOUTH who is the subject of a petition for review of placement,unlessthecourtmakesspecificfindingsthatnousefulpurpose would be served bysuch appointment.
T COURT MAY APPOINT BOTH A GUARDIAN AD LITEM AND A COUNSEL FOR YOUTH IF A YOUTH IS TWELVE YEARSOFAGEOROLDERANDTHEAPPOINTMENTOFAGUARDIANADLITEM IS NECESSARY BECAUSE THE YOUTH HAS DIMINISHED CAPACITY .
SECTION8.
InColoradoRevisedStatutes,19-3-202,amend(2) -8- 1038 as follows:
19-3-202.
Right to counsel and jury trial.
(2) The petitioner, anyrespondent,orthe guardian ad litFORTHECHILD ,ORACHILDWHO IS TWELVE YEARS OF AGE OR OLDER may demand a trial by jury of six personsattheadjudicatoryhearingunderURSUANTTO section19-3-505, or the court, on its own motion, may order such a jury to try any case at the adjudicatory hearing underSUANT TO section 19-3-505.
SECTION 9.
In Colorado Revised Statutes, amend 19-3-203 as follows:
19-3-203.
Right to guardian ad litem and counsel for youth.
(1) Upon the filing of a petition underUANT TO section 19-3-502 that alleges abuse or neglect of a child, the court shall appoint a guardianadlitemwhoshall FORANYCHILDWHOISUNDERTWELVEYEARS OFAGE .T HE GUARDIANADLITEMMUST be an attorney-at-law licensed to practice in ColoradoAND APPROVED BY THE OFFICE OF THE CHILD 'S REPRESENTATIVECREATEDINSECTION 13-91-104.Nothinginthissection shall limitIMITSthe power of the court to appoint a guardian ad litem prior to the filing of a petition for good cause.
(2) U PON THE FILING OF A PETITION PURSUANT TO SECTION 19-3-502 THAT ALLEGES ABUSE OR NEGLECT OF A CHILD , THE COURT SHALL APPOINT COUNSEL FOR YOUTH FOR ANY CHILD OR YOUTH WHO IS TWELVE YEARS OF AGE OR OLDER.T HE COUNSEL FOR YOUTH MUST BE AN ATTORNEY -AT-LAWLICENSEDTOPRACTICEIN COLORADOANDAPPROVED BY THE OFFICE OF THE CHILDS REPRESENTATIVE CREATED IN SECTION 13-91-104.THE COURT MAY APPOINT THE SAME ATTORNEY ,AS LONG AS THE ATTORNEY DOES NOT ASSERT THERE IS A CONFLICT OF INTEREST AS DEFINED UNDER THE APPLICABLE RULES OF PROFESSIONAL CONDUCT,TO -9- 1038 REPRESENT THE BEST INTERESTS OF YOUNGER SIBLINGS WHO ARE UNDER TWELVE YEARS OF AGE AS A GUARDIAN AD LITEM AND TO REPRESENT YOUTHINTHE SIBLINGGROUPWHOARE TWELVE YEARSOFAGE OROLDER AS A COUNSEL FOR YOUTH .
UNTIL THE COURT S JURISDICTION IS TERMINATED ,APPOINTMENT OF COUNSEL FOR YOUTH PURSUANT TO THIS SECTIONCONTINUES .A CHILDS OR YOUTHSRIGHT TOCOUNSELMAYNOT BE WAIVED.N OTHING IN THIS SECTION LIMITS THE POWER OF THE COURT TO APPOINT COUNSELFOR YOUTH PRIORTOTHE FILING OFA PETITION FOR GOOD CAUSE .
(3) A GUARDIAN AD LITEM WHO IS CURRENTLY APPOINTED TO REPRESENTTHEBESTINTERESTSOFACHILDORYOUTHPURSUANTTOTHIS SECTION SHALL TRANSITION TO CLIEN-DIRECTED COUNSEL FOR YOUTH IMMEDIATELYUPONACHILD STWELFTHBIRTHDAYANDACTINTHISROLE UNTIL EITHER THE CASE IS DISMISSED OR NEW COUNSEL IS APPOINT,D UNLESS THE COURT FINDS IT NECESSARY TO APPOINT A GUARDIAN AD LITEM BECAUSE THE CHILD OR YOUTH HAS DIMINISHED CAPACITY ,IN WHICH CASE THE GUARDIAN AD LITEM REMAINS IN THAT ROLE AND THE COURT SHALL APPOINT SEPARATE COUNSEL FOR YOUTH FOR THE CHILD.
C OUNSEL FOR YOUTH SHALL NOTIFY THE COURT AND PARTIES OF THE CHANGE AND THE COURT SHALL ISSUE A NEW ORDER OF APPOINTMENT WITHIN SEVEN DAYS.
(2)(4) The guardian ad litemsOR COUNSELFORYOUTHMUST be provided with all reports relevant to a case submitted to or made by anyagencyorpersonpursuanttothisarticleRTICLE3,includingreports of examination of the child YOUTH or persons responsible for the neglect or dependency of the childYOUTH.
The county department shall share with the guardian ad litemE COUNSEL FOR YOUTH the -10- 1038 reports of fingerprint-based criminal history record checks from the Colorado bureau of investigation and from the federal bureau of investigation if the court orders the county department to share that informationwiththeguardianadlitemRTHECOUNSELFORYOUTH .THE GUARDIANADLITEMORCOUNSELFORYOUTHMUSTHAVEACCESSTOTHE CHILDORYOUTHANDCONFIDENTIALINFORMATIONREGARDINGTHECHILD OR YOUTH ,INCLUDING BUT NOT LIMITED TO THE CHILDS OR YOUTH S EDUCATIONAL ,MEDICAL,ANDMENTALHEALTHRECORDS ;SOCIALSERVICE AGENCY FILES;
COURT RECORDS ,INCLUDING COURT FILES INVOLVING ALLEGATIONS OF ABUSE OR NEGLECT OF THE CHILD OR YOUTH ;
DELINQUENCY RECORDS INVOLVING THE CHILD OR YOUTH ;AND ANY OTHER INFORMATIONREGARDINGTHE CHILDRELEVANT TO THE ISSUES IN THE PROCEEDING AND REPORTS THAT FORM THE BASIS OF RECOMMENDATIONS MADE TO THE COURT .
THIS SECTION DOES NOT CONFERANINDEPENDENTRIGHTTOOBTAINAPARENT 'SINFORMATIONOR PARENT S RECORDS THAT ARE CONFIDENTIAL OR THAT ARE OTHERWISE PRIVILEGEDUNDERSTATEORFEDERALLAW .Thecourtandsocialworkers assigned to the case shall keep the guardian ad litemSEL FOR YOUTH apprisedofsignificantdevelopmentsinthecase,particularlyprior to further neglect or dependency court appearances.
(3)(5) The guardian ad litem shaIScharged in general with the representation of the child'sterests.
To that end, the guardian ad litem shall make such further investigations as the guardian ad litem deems necessary to ascertain the facts and shall talk with or observe the child involved, examine and cross-examine witnesses in both the adjudicatory and dispositional hearings, introduce and examine the guardian ad litem's own witnesses, make recommendations to the court -11- 1038 concerning the child's welfare, appeal matters to the court of appeals or thesupremecourt,andparticipatefurtherintheproceedingstothedegree necessary to adequately represent the child.
In addition, the guardian ad litem, if in the best interest of the child, shall seek to assure that reasonable efforts are being made to prevent unnecessary placement of the child out of the home and to facilitate reunification of the child with the child's family or, if reunification is not possible, to find another safe and permanent living arrangement for the child.
In determining whether said reasonable efforts are made with respect to a child, and in making such reasonable efforts, the child's health and safety shall be paramount concern.
(4) A guardian ad litem already appointed to represent a youth's best interests pursuant to this article 3 shall begin acting as counsel and providing client-directed representation immediately upon the youth's eighteenth birthday and shall act in this role until either the case is dismissed or new counsel is appointed, unless the youth is deemed incapacitatedpursuanttosection19-3-704,inwhichcasetheguardianad litem shall remain in that role and separate counsel for the youth shall be appointed.
(5) Atthefirsthearingfollowingayouth'seighteenthbirthday,the court shall advise each youth who has a current guardian ad litem appointed pursuant to this section of the youth's right to counsel and the option to either consent to have the same person continue as counsel, if the lawyer remains available and has no conflict of interest, or to have a newpersonappointedascounsel.Iftheyouthelectstohaveanewperson appointed as counsel, the court shall appoint an attorney from the list of attorneys approved by the office of the child's representative.
-12- 1038 (6) A PERSON APPOINTED TO SERVE AS COUNSEL FOR YOUTH PURSUANT TO THIS SECTION SHALL COMPLY WITH THCOLORADO RULES OF PROFESSIONAL CONDUCT ,PROVISIONS SET FORTH IN A CHIEF JUSTICE DIRECTIVE CONCERNING THE COURT APPOINTMENT OF COUNSEL FOR YOUTH IN THIS TITL19,AND SUBSEQUENT CHIEFJUSTICE DIRECTIVES OR PRACTICESTANDARDSESTABLISHEDBYRULEORDIRECTIVEOFTHECHIEF JUSTICE PURSUANT TO SECTIO13-91-105CONCERNING THE DUTIES AND RESPONSIBILITIES OF A GUARDIAN AD LITEM AND COUNSELFOR YOUTH IN LEGAL MATTERS AFFECTING CHILDREN OR YOUTH.
COUNSEL FOR YOUTH SHALL ENSURE THAT THE CHILD OR YOUTH HAS REPRESENTATION THROUGH PENDING APPEALS .
(7) A GUARDIAN AD LITEM MAY BE APPOINTED FOR A CHILD OR YOUTH TWELVE YEARS OF AGE OR OLDER IF NECESSARY BECAUSE THE CHILD OR YOUTH HAS DIMINISHED CAPACITY .
HE COURT SHALL NOT CONSIDERAGEORDEVELOPMENTALMATURITYASTHESOLEBASISFORAN APPOINTMENT OF A GUARDIAN AD LITEM PURSUANT TO THIS SECTI.N SECTION 10.
In Colorado Revised Statutes, 19-3-502, amend (7);
and add (4.5) as follows:
19-3-502.
Petition form and content - limitations on claims in dependency or neglect actions.
(4.5) ALD NAMED IN THE PETITION SHALLBEAPARTYTOTHEPROCEEDINGSANDHAVETHERIGHTTOATTEND ANDFULLYPARTICIPATEINALLHEARINGSRELATEDTOTHECHILD SCASE .
THECHILD SGUARDIANADLITEMORCOUNSELFORYOUTHSHALLPROVIDE DEVELOPMENTALLYAPPROPRIATENOTICETOTHECHILDOFALLHEARINGS RELATED TO THE CHILDS CASE.
(7) In addition to notice to all parties, the court shall ensure that noticeisprovidedofallhearingsandreviewsheldregardingachildtothe -13- 1038 following persons with whom a child is placed:
Foster parents, pre-adoptive parents, or relatives.
Such persons shall right to be heard at such hearings and reviews.
The persons with whom a child is placed shall provide prior notice to the child of all hearings and reviews held regarding the child.he foster parent, pre-adoptive parent, or relative providing care to a child shall not be made a party to the action forpurposesof anyhearingsorreviewssolelyon the basis of such notice and right to be heard.
Notice of hearings and reviews shall not revealtotherespondentparentorotherrelativetheaddress,lastname,or other such identifying information regarding any person providing care to the child.
SECTION11.
InColoradoRevisedStatutes,19-3-602, repeal(3) as follows:
19-3-602.
Motion for termination -separatehearing-rightto counsel-nojurytrial.(3) Aguardianadlitem,whoshallbeanattorney and who shall be the child's previously appointed guardian ad litem whenever possible, shall be appointed to represent the child's best interests in any hearing determining the involuntary termination of the parent-child legal relationship.
Additionally, said attorney shall be experienced, whenever possible, in juvenile law.
Such representation shall continue until an appropriate permanent placement of the child is effected or until the court's jurisdiction is terminated.
If a respondent parent is a minor, a guardian ad litem shall be appointed and shall serve in addition to any counsel requested by the parent.
SECTION 12.
In Colorado Revised Statutes, 19-3-606, amend (1) as follows:
19-3-606.
Review of child's disposition following termination -14- 1038 of the parent-child legal relationship.
(1) The court, at the conclusion of a hearing in which it ordered the termination of a parent-child legal relationship,shallorderthatareviewhearingbeheldnotlaterthanninety days followingAFTER the date of the termination.
At such hearing, the agency or individual vested with custody of the child shall report to the courtwhatdispositionofthechild,ifany,hasoccurred.andheguardian ad litem shall submitROVIDE a written report with recommendations STATING THE GUARDIAN AD LITEM S POSITIONto the court based upon an independent investigation for the best disposition of the child CONSULTATION WITH THE CHILD REGARDING THE DISPOSITION THAT IS IN THE BEST INTERESTS OF THE CHILD AND THE NECESSARY STEPS TO FINALIZETHECHILD SPERMANENCY .C OUNSELFORYOUTHSHALLPROVIDE A POSITION STATEMENT THAT CONVEYS THE CHILD 'S POSITION AND OBJECTIVESFORTHECHILD 'SDESIREDDISPOSITIONANDNECESSARYSTEPS TO FINALIZE PERMANENCY .
Anyreport required undPURSUANT TO this subsection (1) shall beubject to the provisions of section 19-1-309.
SECTION 13.
In Colorado Revised Statutes, 19-3-612, amend (3) as follows:
19-3-612.
Reinstatementoftheparent-childlegalrelationship - circumstances - petition - hearings - legislative declaration.
(3) A child who is sixteenWELVE years of age or older, or his orTHEr CHILD S guardian ad litem, may also file a petition to reinstate the parent-child legal relationship alleging that the conditions set forth in paragraphs (b) to (f) of subsection (2)CTIONS (2)(b)TO (2)(f) of this section are met.
SECTION 14.
In Colorado Revised Statutes, 19-3-702, amend (4)(c), (5)(e), and (6) introductory portion as follows:
-15- 1038 19-3-702.
Permanency hearing.
(4) (c) Prior to closing a case before a youth's eighteenth birthday, the court or the youth's guardian ad litemOR COUNSEL FOR YOUTH shall notify the youth that the youth will lose the right to receive medicaid until the maximum age provided by federal law if the case is closed prior to the youth's eighteenth birthday.
Prior to closing a case after a youth's sixteenth birthday, the court shall advisetheyouthof theyouth'seligibilityfor the fosteryouthintransition program,createdinsection19-7-303,shouldtheyouthlaterdeterminehe or she THE YOUTH needs child welfare assistance from a county department.
(5) For a child or youth in a case designated pursuant to section 19-1-123 only:
(e) Ateachpermanencyplanninghearing,thecaseworkerandthe child's or youth's guardian ad liteml provide the court with a written or verbal report specifying what efforts have been made to identify a permanent home for the child or youth and what services have been provided to the child or youth facilitate identification of a permanent home.
(6) If a placement change is contested by a namedrty or child or youthand the child or youth is not reunifying with a parent or legal guardian, thecourtshallconsiderallpertinentinformation, including the child's or youth's wishes, related to modifying the placement of the child or youth prior to removing the child or youth fromhis or herHILD'S OR YOUTH 'Splacement, and including the following:
SECTION 15.
In Colorado Revised Statutes, 19-5-103, amend (9)(a)(I), (9)(a)(III), and (9)(b) as follows:
19-5-103.
Relinquishment procedure - petition - hearings.
-16- 1038 (9) (a) The court mayappoint a guardian ad litem to protect the interests of the child if:
(I) The court finds that there is a conflict of interest between the child and his or herE CHILD'Sparents, guardian, or legal custodian;
(III) The court determines that the child is twelve years of age or older and that the welfare of the child mandates such appointment.
I COUNSELFORYOUTHISAPPOINTEDPURSUANTTOARTICLE 3OFTHISTITLE 19, THE COUNSEL FOR YOUTH IS APPOINTED PURSUANT TO THIS SECTION.
(b) Reasonable fees for guardians ad litemR COUNSEL FOR YOUTH appointed pursuant to this subsection (9) MUSTlbe paid by the relinquishing parent or parents;
except that, in the case of an indigent parent or parents, such fees MUSTl be paid as an expense of the state from annual appropriations to the office of the state court administrator OFFICE OF THE CHILDS REPRESENTATIVE .
SECTION16.
InColoradoRevisedStatutes,13-1-119.5,amend (1)(c) as follows:
13-1-119.5.
Electronic access to name index and register of actions.(1) Statewideelectronicread-onlyaccesstothenameindexand register of actions of public case types must be made available to the following agencies or attorneys appointed by the court:
(c) Guardians ad litemR COUNSEL FOR YOUTH under contract withtheofficeofthechild'srepresentative,createdinsection13-91-104, or authorized by the office of the child's representative to act as a guardianadlitem ORCOUNSELFORYOUTH ,as it relates to acaseinwhich they are appointed by the court;
SECTION17.
In Colorado RevisedStatutes,13-92-103,amend (2)(a) introductory portion and (2)(a)(V) as follows:
-17- 1038 13-92-103.
Respondent parents' counsel - commission - office -duties-qualificationsofdirector.(2)(a) TheColoradosupremecourt shall appoint a nine-member respondent parents' counsel governing commission on or before July 1, 2015.
In appointing the membership of the commission, the court mustHALL , to the extent practicable, include persons from throughout the state and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state.
The court shall make the appointments as follows:
(V) Commission members must not currently be under contract with the office or employed by the state department of human services, a countydepartment of human or social services, or be serving currently as a city or county attorney, judge, magistrate, court-appointed special advocate, orguardian ad litemOR COUNSEL FOR YOUTH .
SECTION 18.
In Colorado Revised Statutes, 19-1-304, amend (1)(a)(IV), (1)(c)(IX), (2)(a)(XIII), and (7)(c) as follows:
19-1-304.
Juvenile delinquency records - division of youth services critical incident information - definitions.
(1) (a) Court records-open.Exceptasprovidedinsubsection(1)(b.5)of thissection, court records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with the violation of any municipal ordinance except a traffic ordinance are open to inspection to the following persons without court order:
(IV) The juvenile's guardian ad litemR COUNSEL FOR YOUTH ;
(c) Probation records - limited access.
Except as otherwise authorized by section 19-1-303, a juvenile probation officer's records, whether or not part of the court file, are not open to inspection except as provided in subsection (1)(c)(I) to (1)(c)(XI) of this section:
-18- 1038 (IX) To the juvenile's guardian ad lOR COUNSELFORYOUTH ;
(2) (a) Law enforcement records in general - closed.
Except as otherwise provided by subsection (1)(b.5) of this section and otherwise authorized by section 19-1-303, the records of law enforcement officers concerning juveniles, including identifying information, must be identified as juvenile records and must not be inspected by or disclosed to the public, except:
(XIII) To the juvenile's guardian ad litemOR COUNSEL FOR YOUTH ;
(7) In addition to the persons who have access to court records pursuant to subsection (1)(a) of this section, statewide electronic read-only access to the name index and register of actions of the judicial department must be allowed to the following agencies or persons:
(c) Guardians ad litemOR COUNSEL FOR YOUTH under contract withtheofficeofthechild'srepresentative,createdinsection13-91-104, C.R.S.,or authorized by the office of the child's representative to act as aguardianadlitem ORANATTORNEYUNDERCONTRACTOREMPLOYEDBY THE OFFICE OF THE CHILDS REPRESENTATIVE , as it relates to a case in which they are appointed by the court;
SECTION 19.
In Colorado Revised Statutes, 19-1-305, amend (1)(a) as follows:
19-1-305.
Operation of juvenile facilities.
(1) Except as otherwise authorized by section 19-1-303 or 19-1-304 (8), all records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to article 2.5 of this title 19 are confidential and privileged.
The records may be disclosed only:
(a) Totheparents,legalguardian,legalcustodian,attorneyforthe -19- 1038 juvenile, district attorney, guardian ad COUNSEL FOR YOUTH , law enforcement official, and probation officer;
SECTION 20.
In Colorado Revised Statutes, 19-1-307, amend (2) introductory portion, (2)(d), and (2.3)(c) as follows:
19-1-307.
Dependency and neglect records and information - access-fee- rules - records and reportsfund-misuseofinformation - penalty - adult protective services data system check.
(2) Records and reports - access to certain persons - agencies.
Except as set forth in section 19-1-303, only the following persons or agencies shall access to child abuse or neglect records and reports:
(d) Anyperson named in the report or record who was alleged as a child to be abused or neglecteCHILD or, if the child named in the report or record is a minor or iswise incompetent at the time of the request,hisorherTHECHILD S guardianadlitem ORCOUNSELFORYOUTH ;
(2.3) The following agencies or attorneys appointed by the court mustbegrantedstatewideread-onlyaccesstothenameindexandregister of actions for the judiciary department:
(c) Guardians ad litemOR COUNSEL FOR YOUTH under contract withtheofficeofthechild'srepresentative,createdinsection13-91-104, C.R.S.,or authorized by the office of the child's representative to act as a guardian ad litemOR COUNSEL FOR YOUTH , as it relates to a case in which they are appointed by the court;
and SECTION 21.
In Colorado Revised Statutes, 19-3-201, amend (1), (4)(b) introductory portion, and (4)(b)(I) as follows:
19-3-201.
Venue.
(1) (a) Except as provided in paragraph (b) of this subsection (1)BSECTION (1)(b)OF THIS SECTION, all proceedings brought under PURSUANT TO this article shalARTICLE 3 MUST be -20- 1038 commenced in the county in which the child resides or is present.
(b) A county department, guardian ad litem OR COUNSEL FOR YOUTH , or other person filing a petition for reinstatement of the parent-child legal relationship as set forth in section 19-3-612 must file the petition for the reinstatement of the parent-child legal relationship in the county or city and county that has legal custody of the child.
(4) (b) The order granting a change of venue and transferring jurisdiction shallT include:
(I) Notice to the receiving court of whether a respondent parent's counsel and the guardian ad litemCOUNSELFOR YOUTH appointed for the child will remain on the case.
If a respondent parent's counsel or the guardian ad liteOR COUNSEL FOR YOUTH for the child will not remain on the case, the order shallST inform the receiving court that the receiving court shall make a new appointment of counsel or guardian ad litemOR COUNSEL FOR YOUTH .
SECTION 22.
In Colorado Revised Statutes, 19-3-208, amend (3)(a) as follows:
19-3-208.
Services - county requiredtoprovide - out-of-home placement options - rules - definitions.
(3) (a) The state board of human services shall promulgate rules creating a standard and deliberate process for determining, in coordination with the education provider, parents,ifappropriate,guardianadlitemRCOUNSELFORYOUTH ,andthe child, or youth,hether it is in the best interest of a child or youth in out-of-home placement to remain in his or herHE CHILD S school of origin when the child or youths placed in out-of-home placement or experiences a change in placement.
SECTION 23.
In Colorado Revised Statutes, 19-3-213, amend -21- 1038 (1)(a) as follows:
19-3-213.
Placement criteria.
(1) In any case in which the countydepartment recommendsplacementout of the home for a child or in which a child is in out-of-home placement, the court, the guardian ad litem,thecountydepartment,anyCASAvolunteer,andotherpartiesshall consider the best interests of the child and shall comply with the following placement criteria:
(a) Prior to the change of placement of a child, the county department shall, to the extent possible, notify the guardian ad litem COUNSEL FOR YOUTH , any CASA volunteer, and other parties.
If the guardian ad litem or otherNY party disagrees with the change of placement, he or sheTHE PARTY may seek an emergency hearing concerning the appropriate placement for a child.
In an emergency, the county department may proceed to make the change of placement prior to any requested hearing.
SECTION 24.
In Colorado Revised Statutes, 19-3-217, amend (3) as follows:
19-3-217.
Parent-childvisitationuponremoval.(3) Absentthe issuance of an emergency order, a parent granted visitation is entitled to a hearing prior to an ongoing reduction in, suspension of, or increase in the level of supervision, including a change from in-person visitation to virtual visitation.
If the court issues an emergency order suspending, reducing, or restricting visitation, a parent is entitled to a hearing within seventy-twohoursaftertheorderisissued,excludingSaturdays,Sundays, and court holidays.
The court need not hold a hearing if there is agreement by the petitioner, guardian ad litemSEL FOR YOUTH , andparenttothereduction,suspension,orincreaseinlevelofsupervision -22- 1038 of visits.
Any such agreement must be reduced to writing and filed with the court.
Nothing in this section prevents the county department from canceling a visit if the child's health or welfare would be endangered or if the parent consents to the cancellation of the visit.
SECTION 25.
In Colorado Revised Statutes, 19-3-308, amend (10) introductory portion as follows:
19-3-308.
Actionuponreportofintrafamilial,institutional,or third-party abuse - investigations - child protection team - rules - report.
(10) In the event that the local department initiates a petition in thejuvenilecourtor the districtcourtwithjuvenilejurisdictiononbehalf of the child who is the subject of a report, the department shall notify, in writing, the guardian ad litemCOUNSEL FOR YOUTH appointed by the court under PURSUANT TO section 19-3-312 to represent the child's interest.
Such notice shall include:
SECTION 26.
In Colorado Revised Statutes, 19-3-403, amend (3.6)(a)(III) as follows:
19-3-403.
Temporary custody - hearing - time limits - restriction - rules.
(3.6) (a) (III) The court shall advise the parents of the chithat the child may be placed with a relative if, in the court's opinion, such placement is appropriate and in the child's best interests.
The court shall order the parents to complete the form affidavit and advisement described in subparagraph (I) of this paragraph (a) SUBSECTION (3.6)(a)(IOFTHISSECTION nolaterthansevenbusinessdays after the date of the hearing or prior to the next hearing on the matter, whichever occurs first.
The original completed form shalle filed with the court, and a copy delivered to the county department of human or social services no later than five business days after the date of the -23- 1038 hearing.
Each parent, the guardian aOR COUNSELFORYOUTH , and counselforeachparent,if any,shallalsoreceivecopiesof thecompleted form.
The court may advise each parent of the penalties associated with perjury and contempt of court, if necessary.
Each parent may suggest an adult relative or relatives whom he or sheENT believes to be the most appropriate caretaker or caretakers for the child.
If appropriate, the child or children shall be consulted regarding suggested relative caretakers.
The court shall order each parent to notifyeveryrelative who maybeanappropriaterelativecaretakerforthechildthatfailure to come forward in a timely manner may result in the child being placed permanentlyoutsideofthehomeof thechild'srelatives,ifthechildisnot able to return to the child's home.
In addition, the court shall advise each parentthatfailuretoidentifytheserelativesinatimelymannermayresult in the child being placed permanently outside of the home of the child's relatives.
SECTION 27.
In Colorado Revised Statutes, 19-3-705, amend (3)(e) as follows:
19-3-705.
Transition hearing.
(3) The court shall advise the youth that:
(e) The youth has the right to counsel who will represent the youth's objectives, beginning on the youth's eighteenth birthday.
The youthhastherighttochoosewhethertohavetheyouth'scurrentguardian ad litem reappointed as counsel or to have a different individual appointed as counsel pursuant to section 19-3-203.
The youth has the right to consult with the youth's counsel about the decision whether to emancipate THE YOUTH HAS THE RIGHT TO COUNSEL WHO SHALL REPRESENTTHEYOUTHTHROUGHOUTTHEYOUTH SPARTICIPATIONINTHE -24- 1038 FOSTER YOUTH TRANSITION PROGRAM .
The court shall advise the youth that the current emancipation transition hearing maybe continued for up to one hundred nineteen days if the youth would like additional time to make a decision or to prepare for emancipation.
The court shall ask the youth whether the youth has had sufficient opportunity to consult with counselandiftheyouthisreadytomakeadecisionatthecurrenttimeor, alternatively,iftheyouthwouldliketorequestacontinuanceofuptoone hundred nineteen days.
SECTION 28.
In Colorado Revised Statutes, 19-5-208, amend (4.5)(h) as follows:
19-5-208.
Petitionforadoption-openadoption-post-adoption contact agreement.
(4.5) (h) In anycase where a post-adoption contact agreement is being considered by the court and a guardian ad litem COUNSEL FOR YOUTH is currently appointed for the cOR YOUTH pursuanttosection19-3-203,thecourtshallappointtheguardianadlitem torepresentthebestinterestsofthechildOUTH ,ORTHECOUNSELFOR YOUTHTOREPRESENTTHEPOSITIONANDOBJECTIVESTHATTHECHILDOR YOUTH WANT , with respect to the contact agreement.
The guardian ad litem'OR COUNSEL FOR YOUTH S representation in these proceedings is limited solely to making a recommendation as to whether the agreement proposed by the petitioner is in the best interests of the child and should be adopted as proposed.
The court shall not make additions or modificationstothe agreement in accordancewiththerecommendations of the guardian ad litemCOUNSEL FOR YOUTH unless the petitioner consents to the additions or modifications.
The duties of the guardian ad litemOR COUNSEL FOR YOUTH terminate upon the entry of the decree of adoption.
-25- 1038 SECTION 29.
In Colorado Revised Statutes, 19-5-217, amend (2) as follows:
19-5-217.
Enforcement or termination of post-adoption contact agreement.
(2) The court may appoint a guardian ad litem for the adopted child,R A COUNSEL FOR YOUTH FOR AN ADOPTED CHILD TWELVE YEARS OF AGE OR OLDER , at the time of any action for the enforcementorterminationof thepost-adoptioncontactagreementif the court determines that consideration of the factors set forth in section 19-5-103 (9)(a) require the appointment of a guardian ad litem COUNSELFORYOUTH .
In all adoptions other than those inwhichthechild isplacedbythecountydepartment,apartyorpartiesshallpayreasonable fees for the services of the guardian adOR COUNSEL FOR YOUTH unless a party is indigent, in which case such fees shall be paid by office of the child's representativePAY THE FEE.
SECTION 30.
In Colorado Revised Statutes, 19-7-101, amend (1)(bb) as follows:
19-7-101.
Legislative declaration.
(1) The general assembly findsanddeclaresthatyouthinfostercare,excludingthoseinthecustody of the division of youth services or a state hospital for persons with mental health disorders, should enjoy the following:
(bb) Havingaguardianadlitemappointedtorepresenttheyouth's best interests A COUNSEL FOR YOUTH APPOINTED TO REPRESENT THE OBJECTIVESANDPOSITIONSOFAYOUTHTWELVEYEARSOFAGEOROLDER ;
and SECTION 31.
In Colorado Revised Statutes, 19-7-102, amend (1) as follows:
19-7-102.
Protection against identity theft.
(1) The court shall -26- 1038 ensure that each youth in foster care who is in the legal custody of a county department of human or social services or the department of humanservicesandwhoisatleastsixteenyearsofageobtainsorreceives free annual credit reports from the department of human services or a county department of human or social services.
The county department of human or social services or the department of human services shall inform the court with jurisdiction over the youth, if any, of any inaccuracies in a report and refer the matter to a governmental or nonprofit entity on the referral list developed pursuant to subsection (2) of this section for assistance in interpreting and resolving any inaccuracies in a report if the credit report shows evidence of possible identitytheft.Thechild'sguardianadlitemTH'SCOUNSELFORYOUTH shalladvisetheyouthofpossibleconsequencesofandoptionstoaddress the possible identity theft, including the right to report the matter to law enforcement and seek possible prosecution of the offender.
SECTION 32.
In Colorado Revised Statutes, 19-7-202, amend (2) as follows:
19-7-202.
Legislative declaration.
(2) The general assembly furtherfindsanddeclaresthatitistheresponsibilityofalladultsinvolved inayouth'slife,includingbutnotlimitedtocountydepartments,parents, fosterparents,guardians ad litem,SELFORYOUTH ,court-appointed special advocates, next of kin, treatment providers, and others, to seek opportunities to foster those sibling relationships to promote continuity and help to sustain family relationships.
SECTION33.
In Colorado RevisedStatutes,22-32-138,amend (2)(b) introductory portion and (2)(b)(III) as follows:
22-32-138.
Out-of-homeplacementstudents-schoolstability, -27- 1038 transfer, and enrollment procedures - absences - exemptions - provisionofacademicsupports-definitions.(2)(b) Thechildwelfare educationliaisonshallbeSresponsibleforworkingwithchildplacement agencies,countydepartments,andthestatedepartmentofhumanservices to facilitate services to maintain students in out-of-home placement in their schools of origin or, if the county department determines that it is not in the students' best interests to remain in the school of origin, facilitatethepromptandappropriate placement,transfer,andenrollment in school of students in out-of-home placement within the school district or who are enrolled or enrolling in institute charter schools.
The child welfareeducationliaison'sspecificdutiesincludebutneednotbelimited to:
(III) If a county department determines that it is not in the student's best interest to remain in the school of origin, working with county departments, juvenile probation officers, parents, guardian ad litemsOR COUNSELFOR YOUTH , and foster care parents to ensure that the student is enrolled in a newschoolimmediatelywith transition planning, and that the student's complete education information and records are requested immediately by the student's new school upon enrollment;
SECTION34.
InColoradoRevisedStatutes,26-6-106.5,amend (2)(b) as follows:
26-6-106.5.
Foster care - kinship care - rules applying generally - rule-making.
(2) At a minimum, the rules described in subsection (1) of this section must include the following:
(b) The immediate notification of a child's guardian ad litem COUNSEL FOR YOUTH upon the child's placement in a foster care home, and the provision of the guardian ad litem'sUNSEL FOR YOUTH 'S -28- 1038 contact information to the foster parents;
SECTION 35.
In Colorado Revised Statutes, 26-7-104, amend (1)(e)(I) as follows:
26-7-104.
General information for prospective adoptive families.
(1) At the time that the family is matched for adoption of a child or youth who is potentially eligible for benefits pursuant to this article 7, the state department, a county department, or a nonprofit child placementagency, as appropriate, shall providetheprospectiveadoptive family, in writing, with information concerning the following:
(e) Notice of the general right to bring to the adoption assistance negotiation process:
(I) Parties who possess relevant information about a child's or youth's history and needs, including the child's guardian ad litem COUNSEL FOR YOUTH or the family's advocate;
and SECTION 36.
In Colorado Revised Statutes, 42-2-108, amend (1)(a)(II), (1)(a)(III), (1)(b)(I), (1)(b)(II)(B), and (2)(b) as follows:
42-2-108.
Application of minors - rules.
(1) (a) (II) When an applicant has been made a ward of any court in the state for any reason and has been placed in foster care, the foster parents or parent may sign the affidavit of liability for the minor.
If the parent or foster parent is unwilling or unable to sign the affidavit of liability, a guardian ad litem OR COUNSEL FOR YOUTH , an official of the county department of human or social services having custody of the applicant, or an official of the division of youth services in the state department of human services havingcustodyoftheapplicantmaysigntheapplicationforaninstruction permit without signing the affidavit of liability for the minor if the requirements of subsection (1)(b) of this section are met;
except that, -29- 1038 prior to signing the application for an instruction permit, the guardian ad litemORCOUNSELFORYOUTH orotherofficialshallnotifythecourtofhis or her THE GUARDIAN AD LITEM S OR COUNSEL FOR YOUTH S OR OTHER OFFICIAL'Sintent to sign the application, and except that the guardian ad litemORCOUNSELFORYOUTH orofficialshallnotsigntheapplicationfor aninstructionpermitforaminorwhoisplacedinfostercareandisunder seventeen years of age without first obtaining the consent of the foster parent.
If the minor is seventeen years of age or older and is in the care of a foster parent, in order to prepare the minor for emancipation from foster care and to assist the minor in obtaining important life skills, the guardian ad litemOR COUNSEL FOR YOUTH or official shall consult with thefosterparentof theminorabouttheopportunityfortheminortolearn driving skills under the restrictions provided in subsection (1)(b) of this section prior to signing an application for an instruction permit.
The guardian ad litemOR COUNSEL FOR YOUTH or official shall solicit the opinion of the minor's foster parent concerning the minor's ability to exercisegoodjudgmentandmakedecisionsaswellastheminor'soverall capacity to drive.
(III) When a minor to whom an instruction permit or minor driver's license has been issued is required to appear before the departmentforahearinginaccordancewiththisarticle2,thepersonwho signed the affidavit of liability for the minor or the guardian ad litem COUNSEL FOR YOUTH or official who signed the application for an instructionpermitfortheminorshallaccompanytheminor.If theperson who signed the minor's affidavit of liability or application for an instruction permit is unable to attend the hearing, he or sheON shall submit to the department a verified signed statement certifying -30- 1038 under oath that he or shTHE PERSON is aware of the purpose of the hearing but cannot attend.
(b) The department shall issue an instruction permit to an applicant under eighteen years of age who is otherwise eligible to obtain aninstructionpermitandwhohasbeenmadeawardofthecourtandwho is in out-of-home placement without the requirement of a person signing an affidavit of liability if the following requirements are met:
(I) The guardian ad litem COUNSEL FOR YOUTH , an official of the countydepartment of human or social services having custodyof the applicant, or an official of the division of youth services in the state department of human services having custody of the applicant signs the application for an instruction permit;
and (II) (B) If the minor is in the care of a foster parent and is at least seventeen years of age, the guardian ad litemNSELFOR YOUTH or the official has consulted with the foster parent prior to signing the application for an instruction permit.
(2) (b) A guardian ad litemA COUNSELFOR YOUTH , an official of a county or district department of human or social services, or an officialofthedivisionofyouthservicesinthestatedepartmentofhuman services who signs a minor's application for an instruction permit or a minor driver's license but does not sign an affidavit of liability does not impute liability on themselves, on the county, or on the state for any damagescausedbythenegligenceorwillfulmisconductoftheapplicant.
SECTION 37.
Act subject to petition - effective date.
This act takes effect January9, 2023;
except that, if a referendumpetition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, -31- 1038 item, section, or part will not take effect unless approved by the people at the general election to be held in November 2022 and, in such case, will take effect on January 9, 2023, or on the date of the official declaration of the vote thereon by the governor.
-32- 1038