Right to counsel

Children in termination of parental rights proceedings must be appointed a guardian ad litem who is an attorney, while Indian children have a right to client-directed counsel.

Generally

For termination proceedings, Colo. Rev. Stat. § 19-3-602(3) states, “A guardian ad litem, who shall be an attorney 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.”

As to Indian children

In 2025, the Colorado legislature enacted HB 1204, the “Colorado Indian Child Welfare Act”, which provides a right to counsel for Indian children who are the subject of a “child custody proceeding.” Colo. Rev. Stat. § 19-1.2-112(1)(a); see also Colo. Rev. Stat. § 19-1.2-103(2)(a) defines “child custody proceedings” as matters such as foster care placements, any action removing an Indian child from their parent or custodian, termination of parental rights matters, pre-adoptive and adoptive placements, parentage determinations, and guardianship or allocation of parental responsibilities to a nonparent “including an action taken in a probate or domestic relations case removing an Indian child from [their parent or custodian].”