Minors' Rights in Dependency & Neglect Proceedings

Children gain rights in abuse-and-neglect cases

The law makes children and youth named in Colorado dependency and neglect petitions parties to their cases. They have legal standing on all matters affecting their interests. A guardian ad litem or youth lawyer must represent their interests throughout the case, including appeals. That representative must explain all case hearings in a way suited to the child's age and development. Youth lawyers must follow professional conduct rules, court directives, and practice standards. They must participate as needed, including appeals to the Colorado Court of Appeals or Colorado Supreme Court. Before the hearing that decides whether abuse or neglect occurred, the county department may seek to dismiss the petition. The court must review that request at a hearing if the child objects through their representative and states a legal basis for abuse or neglect. The court can hear from the parties. It must dismiss the petition if it finds a reasonable basis for dismissal; otherwise, the case continues. This rule does not let children file their own petitions or limit any party's right to demand a jury trial. The law takes effect at 12:01 a.m. the day after 90 days pass following the 2026 session's final adjournment. That date is August 12, 2026, if the session ends May 13, 2026. A timely referendum petition delays the law unless voters approve it at the November 2026 general election. In that case, it takes effect when the governor officially declares the vote.