Chapter 18 - EXHIBIT 18E • CHIEF JUSTICE DIRECTIVE 04-06
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CHIEF JUSTICE DIRECTIVE 04-06
Revised January 1, 2016
The following policy is adopted to assist the administration of justice through the appointment and training of Guardians ad Litem (GALs) and Child's Legal Representatives appointed on behalf of minors/children, as well as attorneys appointed as counsel for children subject to dependency and neglect proceedings. Child and Family Investigators, adult GAL appointments, and any other juvenile attorney client appointments fall under the provisions of Chief Justice Directive 04-05.
I. Authorities
A. Article 91 of Title 13 established the Office of the Child's Representative (OCR) and the various statutory requirements of the OCR.
B. The OCR shall be responsible for the following:
1. Provision of (GAL) services in dependency and neglect proceedings under Title 19.
2. Provision of GAL services for a respondent parent in dependency and neglect proceedings under Title 19 when that parent is a minor.
3. Provision of counsel services for children subject to dependency and neglect proceedings.
4. Provision of GAL services in delinquency matters under Title 19.
5. Provision of GAL services in adoption and relinquishment proceedings under Title 19 when one or more parties qualify as indigent.
6. Provision of GAL services for a child charged or prosecuted as an adult pursuant to Section 19-2-517, C.R.S. or Section 19-2-518, C.R.S.
7. Provision of GAL services in paternity and support matters brought under Title 19 when one or more parties qualify as indigent.
8. Provision of GAL services to minors in alcohol or drug abuse proceedings under Title 25.
9. Provision of GAL services to minors in mental health proceedings under Title 27.
10. Provision of GAL services to minors in probate proceedings under Title 15 when the parties are indigent.
11. Provision of GAL services to minors involved in truancy proceedings under Titles 19 and 22.
12. Provision of Child's Legal Representative services in domestic relations cases under Title 14 when one or more parties qualify as indigent.
13. Provision of services in any other GAL or Child's Legal Representative appointments where authorized, by statute or inherent authority, to act in or in representation of the best interests of a minor.
C. State funds are appropriated to the OCR to provide legal representation in all statutorily authorized appointments, costs associated therewith and the various responsibilities that fall under the purview of the office pursuant to Section 13-91-101 et seq., C.R.S.
II. OCR Authority and Responsibilities
A. The OCR's enabling legislation charges the OCR with enhancing the provision of attorney services and improving the quality of representation and advocacy provided to children in the Colorado court system. The OCR's authority and responsibilities include but are not limited to: the provision of high-quality, accessible training; the exclusive authority and discretion to select and contract with attorneys to provide state-paid GAL, Child's Legal Representative and counsel services for children subject to dependency and neglect proceedings, including the authority to reject attorneys for any reason; the authority to terminate, at will, contracts; the authority to seek termination of existing court appointments as provided by this CJD; and the responsibility to provide oversight of and accountability for state-paid attorney services through evaluation of attorney services, investigation and resolution of complaints regarding attorneys who contract with the OCR and other means as determined by the OCR.
B. The OCR shall maintain and provide to the courts a list of qualified attorneys eligible for appointments. The courts shall appoint from this list. It is within the OCR's sole discretion to determine which attorneys are placed on the appointment list. The OCR will not process payment for services of attorneys with whom the OCR does not have a contract and who are not on the OCR list. Should any unusual, exceptional or emergency circumstances present the need for the appointment of an attorney not listed as an OCR-qualified attorney, the court shall contact the OCR for approval prior to the appointment of that attorney. The OCR shall provide a prompt response to the court's request.
III. Authority and Requirement for Appointments through the OCR
A. A GAL shall be appointed for a child in a dependency and neglect action pursuant to Title 19. The GAL's appointment shall continue until the entry of a final decree of adoption or until the jurisdiction of the juvenile court is terminated either by operation of law or by court order. Pursuant to Title 19, a GAL may be appointed for a minor parent throughout any phase of a dependency and neglect proceeding and must be appointed for a minor parent facing termination of parental rights.
B. Pursuant to Title 19, an attorney may be appointed as counsel for child subject to a dependency and neglect proceeding in addition to the GAL if the court finds that the appointment is in the best interests and welfare of the child.
C. Pursuant to Title 19, a GAL may be appointed in a delinquency proceeding if: no parent, guardian or other adult set forth in Section 19-1-111(2)(a), C.R.S., appears at the first or subsequent hearing; the Court finds a conflict of interest exists between the child and the parent, guardian or other adult set forth in Section 19-1-111(2)(a), C.R.S.; or the court finds that a GAL appointment is necessary to serve the best interests of the child. Such appointment shall continue if a case is transferred to adult criminal court under Title 19.
D. Pursuant to Title 19, the court, in its discretion, may appoint a GAL in any direct file of charges against a juvenile in adult criminal court.
E. Pursuant to Title 19, a GAL may be appointed for a child in a truancy proceeding under Title 22 upon a finding of exceptional and extraordinary circumstances, unless the child is already represented by defense counsel. Pursuant to Title 19, a court may appoint both counsel and a GAL for the child if the court finds that such appointment is in the best interests of the child.
F. A Child's Legal Representative may be appointed in a domestic relations case pursuant to Title 14.
G. A GAL may be appointed for a minor in formal proceedings involving guardianship or conservatorship of a minor; trusts or estates of decedents, minors and protected persons; and in judicially supervised settlements pursuant to Title 15 if the court determines that a need for such representation exists.
H. A GAL shall be appointed in a mental health proceeding pursuant to Title 27 for any child under age 15 who is a ward of the Department of Human Services or for any minor under 15 who objects to his or her hospitalization.
I. If necessary to serve a child's best interests, a GAL may be appointed for an infant or other minor who does not have a representative and who is a party to a civil suit.
J. A GAL may be appointed for a child in a paternity action pursuant to Title 19.
K. A GAL may be appointed for a minor upon the filing of a petition for involuntary commitment of alcoholics or drug abusers if the court deems the minor's presence in court may be injurious to him or her pursuant to Title 25.
L. Pursuant to Title 19, a GAL for a minor may be appointed in a proceeding concerning the relinquishment of the minor if the court finds that that a conflict of interest exists between the child and the parents, guardian or legal custodian; the court finds that such appointment is necessary to serve the best interests of the child; or the court determines that the child is twelve years of age or older and that the welfare of the child mandates the appointment.
M. Pursuant to Title 12, a GAL may be appointed for a minor under the judicial bypass provisions of the Colorado Parental Notification Act pursuant to Section 12-37.5-107(2)(b), C.R.S., and Chapter 23.5 of the Colorado Rules of Civil Procedure ("Rules of Procedure for Judicial Bypass of Parental Notification Requirements").
IV. Allocation of Cost and Guidelines for Payment by the OCR
A. Allocation of Costs—Requirement of Indigency Finding
1. An indigency determination is not required for state payment of GAL services in matters other than these specific cases:...
a. The State, through the OCR, shall bear the costs for the services of a Child's Legal Representative appointed pursuant to Section 14-10-116, C.R.S., only if the court finds one or more of the parties responsible for the costs indigent. The State is precluded from paying for services and any costs associated with services for non-indigent parties under Section 14-10-116, C.R.S., which specifies that the parties are responsible for all costs absent a specific finding of indigency. Pursuant to Section 14-10-116, C.R.S., prior to the entry of a decree of dissolution of marriage or legal separation, the court shall not enter an order requiring the state to bear the costs of the appointment unless both parties are determined to be indigent after considering the combined income and assets of the parties. In cases involving unmarried parties, the court shall make every reasonable effort to apportion costs between the parties in a manner that will minimize the costs, fees and disbursements that shall be borne by the state. When a responsible party is indigent, the state will pay the Child's Legal Representative the portion of the hourly rate and authorized expenses for which the indigent party is responsible.
b. The State, through the OCR, shall bear the costs for GAL services in paternity and support matters under Article 4 of Title 19 only if a court finds one or more of the parties responsible for the costs indigent. The State is precluded from paying for services and any costs associated with
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