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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0684.01 JGG HOUSE BILL 98­1277

STATE OF COLORADO

BY REPRESENTATIVE K. Alexander

HEWI

A BILL FOR AN ACT

CONCERNING PROFESSIONALS INVOLVED IN LEGAL MATTERS RELATING TO CHILDREN.


Bill Summary

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

Directs the state court administrator, in consultation with certain judges, the state bar association, local children's advocacy groups, special advocates for children, the local law schools, and other interested persons, to develop a comprehensive statewide curriculum for persons who act as guardians ad litem (GAL) or court­appointed special advocates (CASA) and for judges who hear domestic relations and juvenile matters. Specifies the topics that the curriculum shall address and when it shall be available. Requires any organization, person, or school that provides continuing legal education or training to judges, lawyers, GALs, or CASA volunteers concerning GAL or CASA standards on or after August 1, 1998, to include the curriculum developed by the state court administrator or an alternative curriculum approved by the state court administrator.

On and after January 1, 1999, requires any GAL or CASA volunteer to complete, at his or her expense, the curriculum developed by the state court administrator, or an alternative curriculum approved by the state court administrator, prior to appointment to serve in such capacity. On and after January 1, 1999, requires all judges who hear domestic relations or juvenile matters to complete, at his or her expense, the curriculum developed by the state court administrator, or an alternative curriculum approved by the state court administrator, prior to hearing any such case.

Directs the state court administrator, or his or her designee, to establish a registry of attorneys seeking to serve as GALs and a registry of persons seeking to serve as CASAs. Specifies what information shall be maintained on the registry. Directs the state court administrator, or his or her designee, to establish a rotational registry for appointments of GALs and CASAs. Specifies that the court shall not appoint a GAL to represent a child if the attorney seeking the appointment already serves as a GAL for 50 or more children. Sets forth a procedure for the substitution or removal of a GAL or CASA.

Makes conforming amendments.


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

SECTION 1. Title 13, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 91

Training Standards for Guardians Ad Litem,

Court­appointed Special Advocates,

and Judges

13­91­101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "GUARDIAN AD LITEM AND SPECIAL ADVOCATE TRAINING ACT".

13­91­102. Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT COURTS APPOINT GUARDIANS AD LITEM AND SPECIAL ADVOCATES TO REPRESENT THE BEST INTERESTS OF CHILDREN IN DEPENDENCY AND NEGLECT, DELINQUENCY, PATERNITY, CUSTODY, AND PARENTING TIME PROCEEDINGS AND THAT THE STATE OF COLORADO SPENDS MILLIONS OF DOLLARS EACH YEAR TO PROVIDE GUARDIANS AD LITEM IN CASES IN WHICH PARTIES ARE INDIGENT. THE GENERAL ASSEMBLY FINDS, HOWEVER, THAT THE STANDARDS, KNOWLEDGE LEVEL, EXPERIENCE, INVOLVEMENT, AND OVERALL QUALITY OF REPRESENTATION BY THESE PROFESSIONALS VARIES WIDELY AMONG GUARDIANS AD LITEM AND SPECIAL ADVOCATES AND AMONG THE DIFFERENT JUDICIAL DISTRICTS THROUGHOUT THE STATE.

(2)  WHILE THE GENERAL ASSEMBLY RESPECTFULLY RECOGNIZES THE JURISDICTION OF THE SUPREME COURT OVER THE LICENSURE OF LAWYERS AND ACKNOWLEDGES THAT THE SUPREME COURT REQUIRES THAT LAWYERS MEET CERTAIN STANDARDS AND REQUIREMENTS IN ORDER TO PRACTICE LAW IN THIS STATE, THE GENERAL ASSEMBLY BELIEVES THAT THE SUPREME COURT CURRENTLY DOES NOT REQUIRE SPECIFIC STANDARDS OR TRAINING FOR GUARDIANS AD LITEM WHO HAVE NOT CONTRACTED WITH THE STATE, SPECIAL ADVOCATES, OR JUDGES. THE GENERAL ASSEMBLY DOES, HOWEVER, RECOGNIZE THAT THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT HAS ISSUED CHIEF JUSTICE DIRECTIVE 97­02 SPECIFYING MINIMUM DUTIES FOR GUARDIANS AD LITEM WHO HAVE CONTRACTED WITH THE STATE TO REPRESENT CHILDREN IN CERTAIN LEGAL MATTERS. THE GENERAL ASSEMBLY HAS DETERMINED, HOWEVER, THAT ADDITIONAL GUIDANCE IS NEEDED TO EDUCATE GUARDIANS AD LITEM, SPECIAL ADVOCATES, AND JUDGES WHO HEAR DOMESTIC RELATIONS AND JUVENILE MATTERS ABOUT FAMILY DYNAMICS, CHILD DEVELOPMENT, CHILD ABUSE, THE EFFECT OF DISSOLUTION OF MARRIAGE UPON CHILDREN, AND OTHER RELATED AND RELEVANT ISSUES AS THEY PERTAIN TO CHILDREN IN LEGAL PROCEEDINGS IN ORDER TO ASSIST THESE PROFESSIONALS IN RENDERING VALUABLE RECOMMENDATIONS AND DETERMINATIONS THAT WILL SERVE THE BEST INTERESTS OF THE CHILDREN.

13­91­103. Definitions. FOR PURPOSES OF THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "CASA" OR "COURT­APPOINTED SPECIAL ADVOCATE" OR "SPECIAL ADVOCATE" MEANS AN INDIVIDUAL APPOINTED BY THE COURT TO SERVE AS A SPECIAL ADVOCATE FOR A CHILD PURSUANT TO SECTION 14­10­116 (2) (b), C.R.S., OR A VOLUNTEER APPOINTED BY A COURT PURSUANT TO THE PROVISIONS OF PART 2 OF ARTICLE 1 OF TITLE 19, C.R.S.

(2)  "JUVENILE MATTERS" MEANS PROCEEDINGS FILED IN COURT PURSUANT TO THE "COLORADO CHILDREN'S CODE", TITLE 19, C.R.S., INCLUDING BUT NOT LIMITED TO JUVENILE DELINQUENCY, DEPENDENCY AND NEGLECT, AND PATERNITY PROCEEDINGS.

13­91­104. Curriculum for child development training. (1) (a)  THE STATE COURT ADMINISTRATOR SHALL DEVELOP A COMPREHENSIVE STATEWIDE CURRICULUM FOR PERSONS WHO SERVE AS GUARDIANS AD LITEM OR COURT­APPOINTED SPECIAL ADVOCATES UNDER TITLES 14 AND 19, C.R.S., AND FOR JUDGES WHO HEAR DOMESTIC RELATIONS AND JUVENILE MATTERS. THE STATE COURT ADMINISTRATOR SHALL DEVELOP SUCH CURRICULUM IN CONSULTATION WITH JUDGES WHO HEAR DOMESTIC RELATIONS OR JUVENILE MATTERS, THE STATE BAR ASSOCIATION AND ANY SECTION THEREOF THAT SPECIALIZES IN FAMILY LAW­RELATED MATTERS OR JUVENILE MATTERS, LOCAL CHILDREN'S ADVOCACY GROUPS, CASA VOLUNTEERS, THE LOCAL LAW SCHOOLS, AND SUCH OTHER INTERESTED PERSONS.

(b)  THE CURRICULUM SHALL BE MADE AVAILABLE BY AUGUST 1, 1998, AND SHALL ADDRESS, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING TOPICS:

(I)  CHILD DEVELOPMENT INCLUDING, BUT NOT LIMITED TO, ISSUES RELATING TO BONDING AND ATTACHMENT;

(II)  CHILD SEXUAL ABUSE;

(III)  CHILD PHYSICAL ABUSE;

(IV)  THE EFFECTS OF ALCOHOL AND SUBSTANCE ABUSE BY A PARENT;

(V)  CHILD NEGLECT;

(VI)  CLINICAL AND FORENSIC INVESTIGATIVE AND INTERVIEWING TECHNIQUES;

(VII)  FAMILY RECONCILIATION AND MEDIATION SERVICES;

(VIII)  THE PROPER ROLE OF A GUARDIAN AD LITEM;

(IX)  THE PROPER ROLE OF A COURT­APPOINTED SPECIAL ADVOCATE; AND

(X)  RELEVANT STATUTORY AND LEGAL REQUIREMENTS.

(c)  THE CURRICULUM SHALL BE MADE AVAILABLE TO ALL DISTRICT COURT JUDGES WHO HEAR DOMESTIC RELATIONS MATTERS OR JUVENILE MATTERS, TO ALL PERSONS WHO SERVE AS GUARDIANS AD LITEM OR COURT­APPOINTED SPECIAL ADVOCATES, AND TO ALL PERSONS, ORGANIZATIONS, AND SCHOOLS WHO PROVIDE CONTINUING LEGAL EDUCATION OR OTHER TRAINING FOR JUDGES, LAWYERS, GUARDIANS AD LITEM, AND SPECIAL ADVOCATES.

(2)  ANY ORGANIZATION, PERSON, OR SCHOOL THAT PROVIDES CONTINUING LEGAL EDUCATION OR OTHER TRAINING TO JUDGES, LAWYERS, GUARDIANS AD LITEM, OR SPECIAL ADVOCATES CONCERNING GUARDIAN AD LITEM OR CASA STANDARDS ON OR AFTER AUGUST 1, 1998, SHALL INCLUDE IN SUCH EDUCATIONAL PROGRAMS THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR'S OFFICE PURSUANT TO SUBSECTION (1) OF THIS SECTION OR SUCH OTHER CURRICULUM AS MAY BE APPROVED BY THE STATE COURT ADMINISTRATOR. SUCH PERSON, ORGANIZATION, OR SCHOOL SHALL HAVE OBTAINED APPROVAL FROM THE STATE COURT ADMINISTRATOR PRIOR TO REPRESENTING THAT THE EDUCATIONAL PROGRAM MEETS THE REQUIREMENTS OF THIS SECTION.

13­91­105. Training for guardians ad litem, special advocates, and judges. (1)  ANY GUARDIAN AD LITEM OR SPECIAL ADVOCATE WHO SEEKS APPOINTMENT AS A GUARDIAN AD LITEM OR SPECIAL ADVOCATE IN THIS STATE OR WHO SERVES IN SUCH CAPACITY ON OR AFTER JANUARY 1, 1999, SHALL, AT HIS OR HER EXPENSE, COMPLETE THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SECTION 13­91­104 (1) PRIOR TO SERVING AS A GUARDIAN AD LITEM OR SPECIAL ADVOCATE; EXCEPT THAT A GUARDIAN AD LITEM OR SPECIAL ADVOCATE MAY COMPLETE AN ALTERNATIVE CURRICULUM APPROVED BY THE STATE COURT ADMINISTRATOR THAT MEETS OR EXCEEDS THE STATEWIDE CURRICULUM MANDATED BY THIS ARTICLE.

(2)  ALL JUDGES WHO HEAR DOMESTIC RELATIONS MATTERS OR JUVENILE MATTERS ON AND AFTER JANUARY 1, 1999, SHALL, AT HIS OR HER EXPENSE, COMPLETE THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SECTION 13­91­104 (1) PRIOR TO HEARING ANY CASE UNDER TITLE 14 OR TITLE 19, C.R.S.; EXCEPT THAT SUCH JUDGE MAY COMPLETE AN ALTERNATIVE CURRICULUM APPROVED BY THE STATE COURT ADMINISTRATOR THAT MEETS OR EXCEEDS THE STATEWIDE CURRICULUM MANDATED BY THIS ARTICLE.

13­91­106. Appointment of guardian ad litem ­ court­appointed special advocate ­ background information ­ registry ­ review of appointment. (1)  THE COURT MAY APPOINT A GUARDIAN AD LITEM TO REPRESENT THE BEST INTERESTS OF A MINOR OR DEPENDENT CHILD AS AUTHORIZED BY SECTION 14­10­116, C.R.S., SECTION 19­1­111, C.R.S., OR SECTION 19­3­203, C.R.S., PURSUANT TO THE PROCEDURES SPECIFIED IN THIS SECTION; EXCEPT THAT THE COURT MAY NOT APPOINT A GUARDIAN AD LITEM TO REPRESENT THE BEST INTERESTS OF A CHILD IF THE ATTORNEY SEEKING SUCH APPOINTMENT ALREADY SERVES AS A GUARDIAN AD LITEM FOR FIFTY OR MORE CHILDREN.

(2) (a)  THE STATE COURT ADMINISTRATOR, OR SUCH PERSON'S DESIGNEE, SHALL ESTABLISH A REGISTRY OF ATTORNEYS SEEKING TO SERVE AS GUARDIANS AD LITEM AND A REGISTRY OF PERSONS SEEKING TO SERVE AS COURT­APPOINTED SPECIAL ADVOCATES. EACH ATTORNEY SEEKING TO SERVE AS A GUARDIAN AD LITEM AND EACH PERSON SEEKING TO SERVE AS A COURT­APPOINTED SPECIAL ADVOCATE SHALL PROVIDE THE FOLLOWING INFORMATION TO THE STATE COURT ADMINISTRATOR, WHICH INFORMATION SHALL BE MAINTAINED ON A REGISTRY TO BE ESTABLISHED BY THE STATE COURT ADMINISTRATOR:

(I)  THE ATTORNEY'S OR PERSON'S LEVEL OF FORMAL EDUCATION;

(II)  WHETHER THE ATTORNEY OR PERSON HAS COMPLETED THE TRAINING REQUIRED BY SECTION 13­91­105;

(III)  THE NUMBER OF YEARS OF EXPERIENCE THE ATTORNEY OR PERSON HAS AS A GUARDIAN AD LITEM OR COURT­APPOINTED SPECIAL ADVOCATE;

(IV)  THE NUMBER OF TIMES THE ATTORNEY OR PERSON HAS BEEN APPOINTED AS A GUARDIAN AD LITEM OR AS A SPECIAL ADVOCATE AND THE COUNTY OR COUNTIES OF APPOINTMENT; AND

(V)  FOR ATTORNEYS SEEKING TO SERVE AS GUARDIANS AD LITEM, THE NUMBER OF CHILDREN FOR WHOM THE ATTORNEY SERVES AS A GUARDIAN AD LITEM AND THE NUMBER OF CASES ON WHICH THE ATTORNEY SERVES AS A GUARDIAN AD LITEM.

(b)  THE BACKGROUND INFORMATION CONTAINED ON THE REGISTRY SHALL BE UPDATED ANNUALLY. AS A CONDITION OF APPOINTMENT, THE GUARDIAN'S AD LITEM OR SPECIAL ADVOCATE'S BACKGROUND INFORMATION CONTAINED ON THE REGISTRY SHALL BE MADE AVAILABLE TO THE COURT.

(c)  UPON APPOINTMENT, THE GUARDIAN AD LITEM OR SPECIAL ADVOCATE SHALL PROVIDE THE PARTIES OR THEIR ATTORNEYS WITH A STATEMENT CONTAINING HIS OR HER TRAINING RELATING TO THE DUTIES AS A GUARDIAN AD LITEM OR SPECIAL ADVOCATE. THE BACKGROUND STATEMENT SHALL NOT INCLUDE PERSONAL IDENTIFYING INFORMATION, SUCH AS HOME ADDRESSES AND HOME TELEPHONE NUMBERS.

(3) (a)  THE STATE COURT ADMINISTRATOR, OR SUCH PERSON'S DESIGNEE, SHALL ESTABLISH A ROTATIONAL REGISTRY SYSTEM FOR THE APPOINTMENT OF GUARDIANS AD LITEM AND, IF THE JUDICIAL DISTRICT HAS NOT ESTABLISHED A CASA PROGRAM PURSUANT TO SECTION 19­1­202, C.R.S., A ROTATIONAL REGISTRY SYSTEM FOR THE APPOINTMENT OF SPECIAL ADVOCATES. WHEN SELECTING AN ATTORNEY TO SERVE AS A GUARDIAN AD LITEM OR A PERSON TO SERVE AS A COURT­APPOINTED SPECIAL ADVOCATE, THE COURT SHALL MAKE SUCH SELECTION FROM THE REGISTRIES ESTABLISHED PURSUANT TO SUBSECTION (2) OF THIS SECTION, EXCEPT IN EXCEPTIONAL CIRCUMSTANCES AS DETERMINED AND DOCUMENTED BY THE COURT. THE PARTIES MAY MAKE A JOINT RECOMMENDATION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM OR COURT­APPOINTED SPECIAL ADVOCATE FROM THE REGISTRY.

(b)  IN JUDICIAL DISTRICTS WITH POPULATION OVER ONE HUNDRED THOUSAND, A LIST OF THREE NAMES SHALL BE SELECTED FROM THE REGISTRY AND GIVEN TO THE PARTIES ALONG WITH THE BACKGROUND INFORMATION AS SPECIFIED IN SUBSECTION (2) OF THIS SECTION, INCLUDING THEIR HOURLY RATE FOR GUARDIAN AD LITEM SERVICES. EACH PARTY MAY, WITHIN THREE JUDICIAL BUSINESS DAYS, STRIKE ONE NAME FROM THE LIST. IF MORE THAN ONE NAME REMAINS ON THE LIST, THE COURT SHALL MAKE THE APPOINTMENT FROM THE NAMES ON THE LIST. IN THE EVENT ALL THREE NAMES ARE STRICKEN THE PERSON WHOSE NAME APPEARS NEXT ON THE REGISTRY SHALL BE APPOINTED.

(c)  IF A PARTY REASONABLY BELIEVES THAT THE APPOINTED GUARDIAN AD LITEM OR SPECIAL ADVOCATE LACKS THE NECESSARY EXPERTISE FOR THE PROCEEDING, CHARGES AN HOURLY RATE HIGHER THAN WHAT IS REASONABLE FOR THE PARTICULAR PROCEEDING, OR HAS A CONFLICT OF INTEREST, THE PARTY MAY, WITHIN THREE JUDICIAL BUSINESS DAYS AFTER THE APPOINTMENT, MOVE FOR SUBSTITUTION OF THE APPOINTED GUARDIAN AD LITEM OR SPECIAL ADVOCATE BY FILING A MOTION WITH THE COURT. IF THE COURT DETERMINES THAT THE APPOINTED GUARDIAN AD LITEM SERVES AS A GUARDIAN AD LITEM FOR FIFTY OR MORE CHILDREN, THE COURT SHALL, WITHIN THREE JUDICIAL BUSINESS DAYS AFTER DISCOVERY OF THE APPOINTED GUARDIAN'S AD LITEM EXCESSIVE CASELOAD, ISSUE AN ORDER SUBSTITUTING THE APPOINTED GUARDIAN AD LITEM WITH ANOTHER QUALIFIED GUARDIAN AD LITEM.

(4) (a)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (4), WHEN A GUARDIAN AD LITEM OR COURT­APPOINTED SPECIAL ADVOCATE IS APPOINTED ON A CASE, THE COURT SHALL GIVE THE NAME OF THE APPOINTED PERSON TO THE STATE COURT ADMINISTRATOR'S OFFICE IMMEDIATELY. IF A PARTY IN A CASE REASONABLY BELIEVES THE GUARDIAN AD LITEM OR COURT­APPOINTED SPECIAL ADVOCATE IS INAPPROPRIATE OR UNQUALIFIED, THE PARTY MAY REQUEST A REVIEW OF THE APPOINTMENT BY THE COURT. THE COURT SHALL COMPLETE THE REVIEW WITHIN FIVE JUDICIAL DAYS AND REMOVE ANY APPOINTEE FOR GOOD CAUSE. IF THE PARTY SEEKING THE REVIEW IS NOT SATISFIED WITH THE OUTCOME OF THE REVIEW, THE PARTY MAY FILE A MOTION WITH THE COURT FOR THE REMOVAL OF THE GUARDIAN AD LITEM OR COURT­APPOINTED SPECIAL ADVOCATE ON THE GROUNDS THE GUARDIAN AD LITEM OR SPECIAL ADVOCATE IS INAPPROPRIATE OR UNQUALIFIED.

(b)  IF THE COURT­APPOINTED SPECIAL ADVOCATE IS FROM THE JUDICIAL DISTRICT'S COURT­APPOINTED SPECIAL ADVOCATE PROGRAM, THE PROGRAM SHALL SUPERVISE SUCH SPECIAL ADVOCATE ASSIGNED TO THE CASE. THE COURT­APPOINTED SPECIAL ADVOCATE PROGRAM SHALL BE ENTITLED TO NOTICE OF ALL PROCEEDINGS IN THE CASE.

SECTION 2. 14­10­116 (2), Colorado Revised Statutes, is amended to read:

14­10­116. Appointments in domestic relations cases ­ representation of child ­ special advocates. (2)  The court may appoint either or both of the following:

(a)  An individual to serve as a representative of the child. The individual shall be an attorney. A GUARDIAN AD LITEM APPOINTED ON OR AFTER JANUARY 1, 1999, SHALL BE APPOINTED PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 13­91­106, C.R.S., AND SHALL HAVE COMPLETED THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR OR AN ALTERNATIVE CURRICULUM APPROVED BY THE STATE COURT ADMINISTRATOR PURSUANT TO ARTICLE 91 OF TITLE 13, C.R.S. The individual shall represent the best interests of the minor or dependent child, as that term is described in section 14­10­124, with respect to the child's custody, support for the child, the child's property, parenting time, or any other issue related to the child that is identified in the court's order of appointment. The individual appointed shall actively participate in all aspects of the case involving the child, within the bounds of the law. Such attorney shall not be called as a witness in the case.

(b)  An individual to serve as a special advocate. The special advocate may be, but need not be, an attorney. A SPECIAL ADVOCATE APPOINTED ON OR AFTER JANUARY 1, 1999, SHALL BE APPOINTED PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 13­91­106, C.R.S., AND SHALL HAVE COMPLETED THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR OR AN ALTERNATIVE CURRICULUM APPROVED BY THE STATE COURT ADMINISTRATOR PURSUANT TO ARTICLE 91 OF TITLE 13, C.R.S. The special advocate shall investigate, report, and make recommendations on any issues that affect or may affect the best interests of the minor or dependent child as that term is described in section 14­10­124. The subject matter and scope of the special advocate's duties shall be clearly set forth in the court's order of appointment. Such duties shall include the requirement that the special advocate file a written report with the court. The special advocate shall make independent and informed recommendations to the court. While the special advocate shall consider the wishes of the child, the special advocate need not adopt such wishes in making his or her recommendations to the court unless they serve the child's best interests as described in section 14­10­124. The child's wishes, if expressed, shall be disclosed in the special advocate's report. The special advocate may be called to testify as a witness regarding his or her recommendations.

SECTION 3. 19­1­111, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

19­1­111. Appointment of guardian ad litem. (6)  GUARDIANS AD LITEM APPOINTED PURSUANT TO THIS TITLE ON OR AFTER JANUARY 1, 1999, SHALL BE APPOINTED PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 13­91­106, C.R.S., AND SHALL HAVE COMPLETED THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR OR AN ALTERNATIVE CURRICULUM APPROVED BY THE STATE COURT ADMINISTRATOR PURSUANT TO ARTICLE 91 OF TITLE 13, C.R.S.

SECTION 4. 19­1­204, Colorado Revised Statutes, is amended to read:

19­1­204. Training requirements. (1)  All CASA volunteers shall participate fully in preservice training, including instruction on recognizing child abuse and neglect, cultural awareness, child development, the juvenile court process, permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation. CASA volunteers shall be required to participate in observation of court proceedings prior to appointment.

(2)  All CASA volunteers shall receive a training manual that shall include guidelines for their service and duties.

(3)  Each CASA program shall provide a minimum of ten hours of in­service training per year to CASA volunteers.

(4)  ANY CASA VOLUNTEER APPOINTED ON OR AFTER JANUARY 1, 1999, SHALL BE APPOINTED PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 13­91­106, C.R.S., AND SHALL HAVE COMPLETED THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR OR AN ALTERNATIVE CURRICULUM APPROVED BY THE STATE COURT ADMINISTRATOR PURSUANT TO ARTICLE 91 OF TITLE 13, C.R.S.

SECTION 5. 19­3­203 (1), Colorado Revised Statutes, is amended to read:

19­3­203. Guardian ad litem. (1)  Upon the filing of a petition under section 19­3­502 that alleges abuse or neglect of a minor child, the court shall appoint a guardian ad litem. GUARDIANS AD LITEM APPOINTED PURSUANT TO THIS SECTION ON OR AFTER JANUARY 1, 1999, SHALL BE APPOINTED PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 13­91­106, C.R.S., AND SHALL HAVE COMPLETED THE CURRICULUM DEVELOPED BY THE STATE COURT ADMINISTRATOR OR AN ALTERNATIVE CURRICULUM APPROVED BY THE STATE COURT ADMINISTRATOR PURSUANT TO ARTICLE 91 OF TITLE 13, C.R.S. Nothing in this section shall limit the power of the court to appoint a guardian ad litem prior to the filing of a petition for good cause.

SECTION 6. Effective date. This act shall take effect July 1, 1998.

SECTION 7. 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.