| Notice Filed with SOS |
10/31/2022 |
| Rule |
ProposedRuleAttach2022-00692.docx |
| Statutory Authority |
26-1-107, C.R.S.; 26-1-109, C.R.S.; 26-1-111, C.R.S.; 26-1-111, C.R.S. |
| Description of Subjects/Issues |
House Bill 22-1038 “Concerning client-directed legal representation for youth in court proceedings for youth” was signed into law in April 2022. Current law requires the appointment of a guardian ad litem for children or youth in dependency and 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 representation. The new law prohibits the waiver of a child's or youth's right to counsel 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. Due to changes from this new law the rules that govern child welfare practice will need to be updated. This packet will include updates to 12 CCR-2509-04 to include counsel for youth and guardian ad litem and includes rule updates to incorporate language regarding the new law. |
| Purpose/Objective of Rule |
House Bill 22-1038 “Concerning client-directed legal representation for youth in court proceedings for youth” was signed into law in April 2022. Current law requires the appointment of a guardian ad litem for children or youth in dependency and 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 representation.
The new law prohibits the waiver of a child's or youth's right to counsel 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. Due to changes from this new law, the rules that govern child welfare practice will need to be updated. This packet will include updates to 12 CCR-2509-8 to include counsel for youth and guardian ad litem and includes rule updates to incorporate language regarding the new law. |
| Basis And Purpose |
BasisAndPurposeAttachment2022-00692.pdf
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2022-00692.pdf
|
| Comments |
CDHS holds two public hearings, an initial and final, for each proposed rule packet. The initial hearing allows the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Please check here for
any updates on location/connection: https://cdhs.colorado.gov/sbhs |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
HB22-1038
|
| Hearing Date |
12/09/2022 |
| Hearing Time |
08:30 AM |
| Hearing Location |
1575 Sherman Street, Denver, CO 80203 |
| Contact Name |
Korey Elger |
| Contact Title |
Permanency Manager |
| Contact Telephone |
303.249.5662 |
| Contact email |
korey.elger@state.co.us |