Right to counsel: Children at least 12 years of age & Indian children

Right to counsel: Children 12 and over and Indian children

Previously, Colorado law required appointment of an attorney ad litem to represent all children in abuse/neglect cases.  But in 2022, the law was revised to require the appointment of client-directed counsel for children 12 or older. See Colo. Rev. Stat. § 19-3-203(2).

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].”

All other children: Right to attorney guardian ad litem

Colorado Revised Statute § 19-3-203(1) specifies that “Upon the filing of a petition under section 19-3-502 that alleges abuse or neglect of a minor child, the court shall appoint a guardian ad litem for any child who is under twelve years of age.  The guardian ad litem must be an attorney-at-law licensed to practice in Colorado and approved by the Office of the Child’s Representative created in Section 13-91-104.”  Then, § 19-3-203(2) specifies:

Upon 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. The counsel for youth must be an attorney-at-law licensed to practice in Colorado and approved by the office of the child’s 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 represent the best interests of younger siblings who are under twelve years of age as a guardian ad litem and to represent youth in the sibling group who are twelve years of age or older as a counsel for youth. Until the court’s jurisdiction is terminated, appointment of counsel for youth pursuant to this section continues. A child’s or youth’s right to counsel may not be waived. Nothing in this section limits the power of the court to appoint counsel for youth prior to the filing of a petition for good cause.

Additionally, 2022 legislation added Colo. Rev. Stat. § 19-7-309.5(1), which provides that when a youth voluntarily seeks extended foster care, the youth must be appointed counsel for the hearing to establish such extended care.