Sixty-first General Assembly

LLS NO. 97­0202.01 JGG HOUSE BILL 97­1053

STATE OF COLORADO

BY REPRESENTATIVES Leyba, Anderson, and Clarke;

also SENATORS Bishop, Linkhart, and Powers.

ENGROSSED

JUDICIARY

A BILL FOR AN ACT

CONCERNING LEGISLATIVE GUIDANCE FOR GUARDIANS AD LITEM IN REPRESENTING THE BEST INTERESTS OF CHILDREN.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Directs the court, in determining the best interests of a child in child protection, paternity, and delinquency cases, to give primary consideration to the child's physical, mental, and emotional needs and to take into consideration the child's need to reside in a safe, stable, secure, permanent, and family­like environment that is preferably with the family of origin. Allows the court to also consider the reasonable wishes of the parents and the child.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  19-1-111, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

19-1-111. Appointment of guardian ad litem - legislative declaration. (6) (a) (I)   THE GENERAL ASSEMBLY FINDS AND DECLARES THAT JUDGES APPOINT GUARDIANS AD LITEM TO REPRESENT THE BEST INTERESTS OF CHILDREN IN DEPENDENCY AND NEGLECT, DELINQUENCY, AND PATERNITY PROCEEDINGS AND THAT THE STATE OF COLORADO SPENDS MILLIONS OF DOLLARS EACH YEAR TO PROVIDE SUCH GUARDIANS IN CASES IN WHICH PARTIES ARE INDIGENT. THE GENERAL ASSEMBLY FINDS, HOWEVER, THAT THE INTERPRETATION OF THE BEST INTERESTS OF CHILDREN VARIES WIDELY AMONG GUARDIANS AD LITEM AND JUDICIAL DISTRICTS THROUGHOUT THE STATE. THE GENERAL ASSEMBLY FINDS THAT THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT HAS ISSUED CHIEF JUSTICE DIRECTIVE 96­02 SPECIFYING MINIMUM DUTIES FOR GUARDIANS AD LITEM IN REPRESENTING THE BEST INTERESTS OF CHILDREN. THE GENERAL ASSEMBLY HAS DETERMINED, HOWEVER, THAT ADDITIONAL GUIDANCE IS NEEDED TO ESTABLISH ITS INTENT AND TO DEFINE THE GOALS OF SUCH REPRESENTATION.

(II) THE GENERAL ASSEMBLY THEREFORE DECLARES IT IS APPROPRIATE THAT THE STATE JUDICIAL DEPARTMENT AND THE LEGISLATURE JOINTLY CLARIFY THE STANDARD BY WHICH GUARDIANS AD LITEM REPRESENT THE BEST INTERESTS OF CHILDREN. ACCORDINGLY, TO PROVIDE ADEQUATE STATUTORY GUIDANCE TO THE COURT IN APPOINTING AND SUPERVISING GUARDIANS AD LITEM, THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT DESCRIBING THE FACTORS THE COURT MUST CONSIDER IN DETERMINING THE BEST INTERESTS OF CHILDREN IS APPROPRIATE AND FURTHERS THE GOAL OF CLARIFYING THE STANDARD BY WHICH GUARDIANS AD LITEM REPRESENT THE BEST INTERESTS OF CHILDREN IN COURT PROCEEDINGS.

(b) FOR PURPOSES OF THIS TITLE, THE COURT, IN DETERMINING THE BEST INTERESTS OF THE CHILD, SHALL GIVE PRIMARY CONSIDERATION TO THE CHILD'S PHYSICAL, MENTAL, AND EMOTIONAL NEEDS. IN DETERMINING THE BEST INTERESTS OF THE CHILD, THE COURT SHALL ALSO CONSIDER THE CHILD'S NEED TO RESIDE IN A SAFE, STABLE, SECURE, PERMANENT, AND FAMILY­LIKE ENVIRONMENT THAT IS PREFERABLY WITH THE FAMILY OF ORIGIN OR WITH A RELATIVE OF THE CHILD. THE COURT MAY ALSO CONSIDER THE REASONABLE WISHES OF THE CHILD'S PARENTS AND THE CHILD.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.