(1) All hearings, including adjudicatory hearings, shall be heard by a judge or magistrate without a jury, except as otherwise provided by this title.
(2) The right to counsel is provided in this title 19. Nothing in this title 19 prevents the court from appointing counsel in addition to a guardian ad litem for a child if it deems representation by counsel necessary to protect the interests of the child.
(3) In proceedings pursuant to the "School Attendance Law of 1963", article 33 of title 22, the court may appoint a guardian ad litem for the child, unless the child is already represented by counsel. If the court finds that it is in the best interest and welfare of the child, the court may appoint both counsel and a guardian ad litem. The court shall make information regarding the truancy process available to the child's parent or guardian ad litem.
Source: L. 87: Entire title R&RE, p. 700, § 1, effective October 1. L. 91: (1) amended, p. 360, § 25, effective April 9. L. 2003: (2) amended, p. 1320, § 1, effective August 6. L. 2022:
(2) amended and (3) added, (HB 22-1038), ch. 92, p. 432, § 5, effective January 9, 2023. Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-106 and 19-1-107 as said sections existed in 1986, the year prior to the repeal and reenactment of this title.
Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.
Notes of Decisions
Cited in
51
cases (
15 in the last 5 years), 1976–2026 · leading case:
in Int. of B.H, 2021 CO 39 (Colo. 2021).
in Int. of B.H, 2021 CO 39 (Colo. 2021).
· cites it 2× “if the respondent is unable to financially secure counsel on his or her own”); § 19-1-105, C.R.S. (2020); § 19-3-602(2).”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
· cites it 3× “R.S.2003. Section 19-3-602(2), C.R.S.2003, provides that, after a motion to terminate is filed, a parent who is not represented by counsel must again be advised of the right to counsel and further provides that "counsel shall be appointed in accordance with the provisions of…”
In Re Marriage of Hartley, 886 P.2d 665 (Colo. 1995).
· cites it 8× “) (appointment of a GAL under the temporary custody detention and shelter provisions of the Children's Code), [10] section 19-1-105, 8B C.R.S. (1986 & 1994 Supp.”
A.L.L. v. People, 226 P.3d 1054 (Colo. 2010).
· cites it 6× “terminated with respect to their child, C.Z. Electing to exercise their statutory rights to counsel and appeal, A.”
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
“The Colorado Children’s Code provides that 14 respondent parents have a right “to be represented by counsel at every stage” of dependency and neglect proceedings and a right “to seek the appointment of counsel through the office of respondent parents’ counsel” if the parent…”
People ex rel. R.D, 277 P.3d 889 (Colo. Ct. App. 2012).
· cites it 2× “§ 19-1-105(2), C.RS.2011; see § 19-3-602(2).”
People v. In the Interest of Vw, 958 P.2d 1132 (Colo. Ct. App. 1998).
· cites it 4× “1997, provides that, after a motion to terminate is filed, a parent who is not represented by counsel must again be advised of the right to counsel, and that "counsel shall be appointed in accordance with the provisions of § 19-1-105." Unlike father, we do not construe §…”
People Ex Rel. Maddox v. Dist. Court of the Eighteenth Jud. Dist., 597 P.2d 573 (Colo. 1979).
· cites it 6× “Section 19-1-105(1)(b), C.R.S. 1973, states: “(b) Proceedings in cases brought under the provisions of section 19-1-104(1) (a) shall be commenced in the county in which the alleged violation of law, ordinance, or court order took place.”
C.S. v. People, 83 P.3d 627 (Colo. 2004).
“This argument boils down to a contention that she should not have been required to proceed with the termination hearing without counsel.”
In re the Parental Responsibilities of A.D., 240 P.3d 488 (Colo. Ct. App. 2010).
· cites it 5× “The factors listed in section 19-1-105(2)(a), C.R.S. 2009, and those considered by the trial court involve considerable overlap.”
People ex rel. L.B., 254 P.3d 1203 (Colo. Ct. App. 2011).
“Because we conclude that mother has no right to such relief, we decline to reach the merits of her ineffective assistance claim. As an indigent parent, mother had a statutory right to court-appointed counsel at every stage of the dependency and neglect proceeding.”
— Colo. Rev. Stat. § 19-1-105(1)(b) — 1 case
People Ex Rel. Maddox v. Dist. Court of the Eighteenth Jud. Dist., 597 P.2d 573 (Colo. 1979).
“Section 19-1-105(1)(b), C.R.S. 1973, states: “(b) Proceedings in cases brought under the provisions of section 19-1-104(1) (a) shall be commenced in the county in which the alleged violation of law, ordinance, or court order took place.”
— Colo. Rev. Stat. § 19-1-105(2) — 38 cases
in Interest of A.R, 2018 COA 177 (Colo. Ct. App. 2018).
“The Colorado Children’s Code provides that 14 respondent parents have a right “to be represented by counsel at every stage” of dependency and neglect proceedings and a right “to seek the appointment of counsel through the office of respondent parents’ counsel” if the parent…”
People ex rel. R.D, 277 P.3d 889 (Colo. Ct. App. 2012).
“§ 19-1-105(2), C.RS.2011; see § 19-3-602(2).”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
“R.S.2003. Section 19-3-602(2), C.R.S.2003, provides that, after a motion to terminate is filed, a parent who is not represented by counsel must again be advised of the right to counsel and further provides that "counsel shall be appointed in accordance with the provisions of…”
C.S. v. People, 83 P.3d 627 (Colo. 2004).
“This argument boils down to a contention that she should not have been required to proceed with the termination hearing without counsel.”
People v. In the Interest of Vw, 958 P.2d 1132 (Colo. Ct. App. 1998).
“1997, provides that, after a motion to terminate is filed, a parent who is not represented by counsel must again be advised of the right to counsel, and that "counsel shall be appointed in accordance with the provisions of § 19-1-105." Unlike father, we do not construe §…”
— Colo. Rev. Stat. § 19-1-105(2)(a) — 2 cases
In Re Ad, 240 P.3d 488 (Colo. Ct. App. 2010).
— Colo. Rev. Stat. § 19-1-105(4) — 1 case
— Colo. Rev. Stat. § 19-1-105(6) — 1 case
— Colo. Rev. Stat. § 19-1-105(l)(b) — 1 case
People Ex Rel. Maddox v. Dist. Court of the Eighteenth Jud. Dist., 597 P.2d 573 (Colo. 1979).
“Section 19-1-105(1)(b), C.R.S. 1973, states: “(b) Proceedings in cases brought under the provisions of section 19-1-104(1) (a) shall be commenced in the county in which the alleged violation of law, ordinance, or court order took place.”
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