Colorado Legislative Council Staff



(replaces Fiscal Note dated March 30, 1998)

General Fund Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-270

Rep. Adkins

 Sen. Reeves


Bill Status:

Fiscal Analyst:

April 15, 1998

Senate Judiciary

Janis Baron (866-3523)



Summary of Legislation


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



State Expenditures

General Fund



FTE Position Change



Local Government Impact — None.


*    There may be an increase in guardian ad litem costs in the Judicial Department which cannot be quantified at this time.

            The reengrossed bill includes the following provisions relative to child welfare:


               allows the Joint Budget Committee to select an allocation formula from among alternatives submitted to it, should the Child Welfare Allocations Committee and the Department of Human Services (DHS) fail to agree on the allocation formula for any state fiscal year by June 15 of such year;

               provides that the formulas for capped and targeted allocations for child welfare services shall include a method for rewarding a county that has demonstrated its ability to limit or reduce out-of-home placement costs;

               requires DHS, in conjunction with the Judicial Department, to report to the General Assembly, Governor, and the Chief Justice, by December 31, 1999, on the status of youth offenders who receive services in the child welfare and youth corrections systems during FY 1998-99;

               allows a court to appoint a guardian ad litem to act as a surrogate parent for the purposes of participating in the development of a child's individual educational program;

               allows for the exemption of a student from all or part of a school district’s health education program upon the request of the parent or guardian, and deletes specific reasons for the exemption; and

               allows any group of counties to jointly establish a citizen review panel pursuant to Section 19-3-211, C.R.S., the conflict resolution process.


            The bill includes an effective date of July 1, 1998.

State Expenditures

            Judicial Department, Conditional Costs — Section 19-1-111 of the bill provide that the court may appoint a guardian ad litem to act on behalf of a parent or guardian for a child in the development of an individual educational program, if such child has been placed out of the home. Section 22-20-108 of the bill requires that for a child with a disability who has been placed out of the home and such child’s parent or guardian is unable or unwilling to participate in the development of the child’s individual educational program, the school district shall seek appointment of a guardian ad litem. The Department of Human Services indicates that approximately 1,600 children are in out-of-home placement monthly (January 1998 count), and of these children, 10 percent are voluntary placements. The Judicial Department indicates that under current practice, guardians ad litem are not appointed on behalf of children under a voluntary placement. The Judicial Department states that it would require 6 hours at a rate of $40 per hour for each new guardian ad litem appointment, and 2 hours at the same rate for the added responsibility of participating in the development of the child’s individual educational program for those children for whom a guardian ad litem has already been appointed.

            At this time it cannot be determined, for those children in out-of-home placement under a voluntary placement, how many parents or guardians would be unwilling to participate in the development of the child’s individual educational program. Additionally, the number of new appointments for guardians ad litem to serve these children cannot be determined. Thus, no costs can be identified. This fiscal note assumes that should there be an increase in appointments of guardians ad litem due to HB 98-1406, the Judicial Department would seek funding through the budget process for this portion of its Mandated Costs.

            Departments of Education and Human Services — No fiscal impact.

Spending Authority

            The fiscal note does not indicate the need for additional state spending authority for FY 1998-99.

Departments Contacted


            Human Services