Colorado Revised Statutes

Colo. Rev. Stat. § 19-3-203 (2026)

Right to guardian ad litem and counsel for youth

✓ current as of July 2026

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(1) Upon the filing of a petition pursuant to section 19-3-502 that alleges abuse or neglect of a child, the court shall appoint a guardian ad litem for any child who is under twelve years of age. The guardian ad litem must be an attorney-at-law licensed to practice in Colorado and approved by the office of the child's representative created in section 13-91-104. Nothing in this section limits the power of the court to appoint a guardian ad litem prior to the filing of a petition for good cause.

(2) Upon the filing of a petition pursuant to section 19-3-502 that alleges abuse or neglect of a child, the court shall appoint counsel for youth for any child or youth who is twelve years of age or older. The counsel for youth must be an attorney-at-law licensed to practice in Colorado and approved by the office of the child's representative created in section 13-91-104. The court may appoint the same attorney, as long as the attorney does not assert there is a conflict of interest as defined under the applicable rules of professional conduct, to represent the best interests of younger siblings who are under twelve years of age as a guardian ad litem and to represent youth in the sibling group who are twelve years of age or older as a counsel for youth. Until the court's jurisdiction is terminated, appointment of counsel for youth pursuant to this section continues. A child's or youth's right to counsel may not be waived. Nothing in this section limits the power of the court to appoint counsel for youth prior to the filing of a petition for good cause.

(3) A guardian ad litem who is currently appointed to represent the best interests of a child or youth pursuant to this section shall transition to client-directed counsel for youth immediately upon a child's twelfth birthday and act in this role until either the case is dismissed or new counsel is appointed, unless the court finds it necessary to appoint a guardian ad litem because the child or youth has diminished capacity, in which case the guardian ad litem remains in that role and the court shall appoint separate counsel for youth for the child. Counsel for youth shall notify the court and parties of the change, and the court shall issue a new order of appointment within seven days.

(4) The guardian ad litem or counsel for youth must be provided with all reports relevant to a case submitted to or made by any agency or person pursuant to this article 3, including reports of examination of the child or youth or persons responsible for the neglect or dependency of the child or youth. The county department shall share with the guardian ad litem or the counsel for youth the reports of fingerprint-based criminal history record checks from the Colorado bureau of investigation and from the federal bureau of investigation if the court orders the county department to share that information with the guardian ad litem or the counsel for youth. The guardian ad litem or counsel for youth must have access to the child or youth and confidential information regarding the child or youth, including but not limited to the child's or youth's educational, medical, and mental health records; social service agency files; court records, including court files involving allegations of abuse or neglect of the child or youth; delinquency records involving the child or youth; and any other information regarding the child relevant to the issues in the proceeding and reports that form the basis of recommendations made to the court. This section does not confer an independent right to obtain a parent's information or parent's records that are confidential or that are otherwise privileged under state or federal law. The court and social workers assigned to the case shall keep the guardian ad litem or counsel for youth apprised of significant developments in the case, particularly prior to further neglect or dependency court appearances.

(5) The guardian ad litem is charged in general with the representation of the child's best interests. To that end, the guardian ad litem shall make such further investigations as the guardian ad litem deems necessary to ascertain the facts and shall talk with or observe the child involved, examine and cross-examine witnesses in both the adjudicatory and dispositional hearings, introduce and examine the guardian ad litem's own witnesses, make recommendations to the court concerning the child's welfare, appeal matters to the court of appeals or the supreme court, and participate further in the proceedings to the degree necessary to adequately represent the child. In addition, the guardian ad litem, if in the best interest of the child, shall seek to assure that reasonable efforts are being made to prevent unnecessary placement of the child out of the home and to facilitate reunification of the child with the child's family or, if reunification is not possible, to find another safe and permanent living arrangement for the child. In determining whether said reasonable efforts are made with respect to a child, and in making such reasonable efforts, the child's health and safety are the paramount concern.

(6) A person appointed to serve as counsel for youth pursuant to this section shall comply with the Colorado rules of professional conduct, provisions set forth in a chief justice directive concerning the court appointment of counsel for youth in this title 19, and subsequent chief justice directives or practice standards established by rule or directive of the chief justice pursuant to section 13-91-105 concerning the duties and responsibilities of a guardian ad litem and counsel for youth in legal matters affecting children or youth. Counsel for youth shall ensure that the child or youth has representation through pending appeals.

(7) A guardian ad litem may be appointed for a child or youth twelve years of age or older if necessary because the child or youth has diminished capacity. The court shall not consider age or developmental maturity as the sole basis for an appointment of a guardian ad litem pursuant to this section.

Source: L. 87: Entire title R&RE, p. 761, § 1, effective October 1. L. 92: (1) amended, p. 224, § 9, effective July 1. L. 93: (3) amended, p. 2013, § 3, effective July 1. L. 98: (3) amended, p. 1417, § 3, effective July 1. L. 2001: (3) amended, p. 846, § 7, effective June 1. L. 2015: (1) and (2) amended, (SB 15-087), ch. 263, p. 1012, § 8, effective June 2. L. 2021: (4) and

(5) added, (HB 21-1094), ch. 340, p. 2215, § 4, effective June 25. L. 2022: (4) amended, (HB 22-1245), ch. 88, p. 418, § 3, effective August 10; entire section amended, (HB 22-1038), ch. 92, p. 434, § 9, effective January 9, 2023.

Editor's note: (1) 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 19-3- 105 and 19-10-113 as said sections existed in 1986, the year prior to the repeal and reenactment of this title.

(2) Subsection (4) was amended in HB 22-1245. Those amendments were superseded by the amendment of this section in HB 22-1038, effective January 9, 2023.

Cross references: For the legislative declaration contained in the 2001 act amending subsection (3), see section 1 of chapter 241, Session Laws of Colorado 2001. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.

Notes of Decisions

Cited in 36 cases (11 in the last 5 years), 1988–2026 · leading case: D.A.S. v. People, 863 P.2d 291 (Colo. 1993).

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D.A.S. v. People, 863 P.2d 291 (Colo. 1993). · cites it 26× “1, § 19-3-203, 1987 Colo.Sess.Laws 695, 761) (emphasis added).”

in Interest of C.W.B., Jr, 2018 CO 8 (Colo. 2018). · cites it 10× “§ 19-3-203(1), C.R.S. (2017). The GAL, who must be a licensed Colorado attorney, “shall be charged in general with the representation of the child’s interests,” and shall participate in juvenile court proceedings to the degree necessary to adequately represent the child’s best…”

in the Interest of C.N, 2018 COA 165 (Colo. Ct. App. 2018). · cites it 2× “§ 19-3-203, C.R.S. 2018; C.W.B., ¶ 24. Absent indication that the GAL is unable or unwilling to advocate for the child’s best interests, courts will not confer standing to assert the rights of the child to intervening parties.”

People in Interest of E.D., 2025 COA 11 (Colo. Ct. App. 2025). · cites it 3× “The court ordered the parties 1 In November 2023, the youth turned twelve years old and the GAL’s appointment was converted to counsel for youth pursuant to section 19-3-203(3), C.R.S. 2024. 7 to stay in frequent contact and to keep monitoring what more could be done to move…”

People v. Gabriesheski, 262 P.3d 653 (Colo. 2011). · cites it 4× “See § 19-3-203. Rather than representing the interests of either the petitioner or respondents in the litigation, or even the demands or wishes of the child, the legal responsibility for whom is at issue in the proceedings, the guardian ad litem is statutorily tasked with…”

Peo in Interest of TMS, 2019 COA 136 (Colo. Ct. App. 2019). · cites it 3× “Section 19-3-203(3), C.R.S. 2018, defines the duties of the child’s GAL, which include making recommendations to the court concerning the child’s welfare.”

People ex rel. J.E.B., 854 P.2d 1372 (Colo. Ct. App. 1993). · cites it 5× “Section 19-3-203(1), C.R.S. (1992 Cum. Supp.”

M.S. v. People, 303 P.3d 102 (Colo. 2013). · cites it 3× “At this hearing, the Department acknowledged that it had violated section 19-3-203(2), C.R.S. (2012), when it failed to notify the GAL that it was planning to remove A.”

People in Interest of M.W., 796 P.2d 66 (Colo. Ct. App. 1990). · cites it 8× “In light of this statutory wording, the issue before us, whether a guardian is required to make a recommendation to the trial court in a termination hearing, depends on whether the phrase “to the degree necessary to adequately represent the child” qualifies only the phrase…”

In Re the Marriage of Finer, 920 P.2d 325 (Colo. Ct. App. 1996). · cites it 2× “1988), it was held that, in dependency and neglect proceedings, see § 19-3-203, C.R.S. (1995 Cum.Supp.), a GAL’s appointment normally continues, absent special circumstances, until a final decree of adoption is entered or the juvenile court’s jurisdiction is terminated.”

L.A.N. Ex Rel. L.A.N. v. L.M.B., 292 P.3d 942 (Colo. 2013). · cites it 3× “" § 19-3-203(8); Chief Justice Directive 04-06 § V.”

People ex rel. O.J.S., 844 P.2d 1230 (Colo. Ct. App. 1992). · cites it 2× “Moreover, § 19-3-203(2), C.R.S. (1991 Cum.Supp.) provides that the children, through the guardian ad litem, must be provided with all reports made by any agency or person pursuant to the Children’s Code, including reports of examinations of the child or persons responsible for…”

Show all 36 citing cases →

— Colo. Rev. Stat. § 19-3-203(1) — 6 cases

in Interest of C.W.B., Jr, 2018 CO 8 (Colo. 2018). “§ 19-3-203(1), C.R.S. (2017). The GAL, who must be a licensed Colorado attorney, “shall be charged in general with the representation of the child’s interests,” and shall participate in juvenile court proceedings to the degree necessary to adequately represent the child’s best…”

People ex rel. J.E.B., 854 P.2d 1372 (Colo. Ct. App. 1993). “Section 19-3-203(1), C.R.S. (1992 Cum. Supp.”

People in Interest of M.W., 796 P.2d 66 (Colo. Ct. App. 1990). “In light of this statutory wording, the issue before us, whether a guardian is required to make a recommendation to the trial court in a termination hearing, depends on whether the phrase “to the degree necessary to adequately represent the child” qualifies only the phrase…”

People in Interest of JEB, 854 P.2d 1372 (Colo. Ct. App. 1993).

People Ex Rel. Dlc, 70 P.3d 584 (Colo. Ct. App. 2003).

— Colo. Rev. Stat. § 19-3-203(1)(d)(II) — 1 case

Adoption of MJL (Colo. Ct. App. 2025).

— Colo. Rev. Stat. § 19-3-203(2) — 9 cases

D.A.S. v. People, 863 P.2d 291 (Colo. 1993). “1, § 19-3-203, 1987 Colo.Sess.Laws 695, 761) (emphasis added).”

M.S. v. People, 303 P.3d 102 (Colo. 2013). “At this hearing, the Department acknowledged that it had violated section 19-3-203(2), C.R.S. (2012), when it failed to notify the GAL that it was planning to remove A.”

People ex rel. O.J.S., 844 P.2d 1230 (Colo. Ct. App. 1992). “Moreover, § 19-3-203(2), C.R.S. (1991 Cum.Supp.) provides that the children, through the guardian ad litem, must be provided with all reports made by any agency or person pursuant to the Children’s Code, including reports of examinations of the child or persons responsible for…”

People ex rel. M.N., 950 P.2d 674 (Colo. Ct. App. 1997).

People in Interest of MN, 950 P.2d 674 (Colo. Ct. App. 1997).

— Colo. Rev. Stat. § 19-3-203(3) — 15 cases

People in Interest of E.D., 2025 COA 11 (Colo. Ct. App. 2025). “The court ordered the parties 1 In November 2023, the youth turned twelve years old and the GAL’s appointment was converted to counsel for youth pursuant to section 19-3-203(3), C.R.S. 2024. 7 to stay in frequent contact and to keep monitoring what more could be done to move…”

Peo in Interest of TMS, 2019 COA 136 (Colo. Ct. App. 2019). “Section 19-3-203(3), C.R.S. 2018, defines the duties of the child’s GAL, which include making recommendations to the court concerning the child’s welfare.”

People v. Gabriesheski, 262 P.3d 653 (Colo. 2011). “See § 19-3-203. Rather than representing the interests of either the petitioner or respondents in the litigation, or even the demands or wishes of the child, the legal responsibility for whom is at issue in the proceedings, the guardian ad litem is statutorily tasked with…”

People ex rel. J.E.B., 854 P.2d 1372 (Colo. Ct. App. 1993). “Section 19-3-203(1), C.R.S. (1992 Cum. Supp.”

— Colo. Rev. Stat. § 19-3-203(5) — 6 cases

People in Interest of C.N.T. (Colo. Ct. App. 2026).

In Re The People of the State of Colorado, Petitioner: In the Interest of Minor Child: R.M.P., & Concerning R.P., Respondent:, 2025 CO 34 (Colo. 2025).

Peo in Interest of AM (Colo. Ct. App. 2025).

Peo in Interest of DMR (Colo. Ct. App. 2026).

People in Interest of N.K.S. (Colo. Ct. App. 2025).

— Colo. Rev. Stat. § 19-3-203(8) — 3 cases

L.A.N. Ex Rel. L.A.N. v. L.M.B., 292 P.3d 942 (Colo. 2013). “" § 19-3-203(8); Chief Justice Directive 04-06 § V.”

People ex rel. L.A.N., 296 P.3d 126 (Colo. Ct. App. 2011).

People ex rel. E.D., 221 P.3d 65 (Colo. Ct. App. 2009).

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