Senate Bill 25-239 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning nonattorney access to the judicial database of

• Page 1, Line 102public case types.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Joint Budget Committee. Current law allows attorneys under contract with the office of the child's representative, the office of alternate defense counsel, and the office of the respondent parents' counsel to access the name index and register of actions of public case types. The bill allows other professionals under contract with these offices to access the information.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 13-1-119.5, amend

• Page 2, Line 3(1) introductory portion, (1)(c), (1)(d), and (1)(e); and add (1.5) as follows:

• Page 2, Line 413-1-119.5.  Electronic access to name index and register of

• Page 2, Line 5actions. (1)  Statewide electronic read-only access to the name index and

• Page 2, Line 6register of actions of public case types must be made available to the

• Page 2, Line 7following agencies or attorneys appointed by the court and their professional staff:

• Page 2, Line 8(c)  Guardians ad litem or counsel for youth under contract with

• Page 2, Line 9the office of the child's representative, created in section 13-91-104, or

• Page 2, Line 10authorized by the office of the child's representative to act as a guardian

• Page 2, Line 11ad litem or counsel for youth, and other professionals under

• Page 2, Line 12contract with the office of the child's representative and

• Page 2, Line 13authorized to work with an appointed attorney as it relates to a case in which they are the attorney is appointed; by the court;

• Page 2, Line 14(d)  Attorneys under contract with the office of the alternate

• Page 2, Line 15defense counsel, created in section 21-2-101, C.R.S., and other

• Page 2, Line 16professionals under contract with the office of alternate

• Page 2, Line 17defense counsel and authorized to work with an appointed

• Page 2, Line 18attorney as it relates to a case in which they are the attorney is appointed; by the court;

• Page 2, Line 19(e)  A respondent parent's counsel under contract with the office

• Page 2, Line 20of the respondent parents' counsel, created in section 13-92-103, or

• Page 2, Line 21authorized by the office of the respondent parents' counsel to act as a

• Page 2, Line 22respondent parent's counsel, and other professionals under

• Page 3, Line 1contract with the office of the respondent parents' counsel and

• Page 3, Line 2authorized to work with an appointed attorney, as it relates to a case in which they are the attorney is appointed; by the court;

• Page 3, Line 3(1.5)  The office of the child's representative, the office of

• Page 3, Line 4alternate defense counsel, and the office of the respondent

• Page 3, Line 5parents' counsel shall manage user access granted to each agency pursuant to subsection (1) of this section.

• Page 3, Line 6SECTION 2.  In Colorado Revised Statutes, 19-1-303, amend (1)(a) and (1)(b) as follows:

• Page 3, Line 719-1-303.  General provisions - delinquency and dependency

• Page 3, Line 8and neglect cases - exchange of information - civil penalty - rules -

• Page 3, Line 9definitions. (1) (a)  The judicial department or any agency that performs

• Page 3, Line 10duties and functions under this title pursuant to this title 19 with

• Page 3, Line 11respect to juvenile delinquency or dependency and neglect cases or any

• Page 3, Line 12other provisions of this title title 19 may exchange information, to the

• Page 3, Line 13extent necessary, for the acquisition, provision, oversight, or referral of

• Page 3, Line 14services and support with the judicial department or any other agency or

• Page 3, Line 15individual, including an attorney a professional representing state or

• Page 3, Line 16county agencies and an attorney appointed by the court an appointed

• Page 3, Line 17professional, that performs duties and functions under this title

• Page 3, Line 18pursuant to this title 19 with respect to such cases. In order to receive

• Page 3, Line 19such information, the judicial department, attorney professional, or

• Page 3, Line 20agency shall have a need to know for purposes of investigations and case

• Page 3, Line 21management in the provision of services or the administration of their

• Page 3, Line 22respective programs. The judicial department or the agencies shall

• Page 3, Line 23exchange information in accordance with paragraph (b) of this subsection

• Page 3, Line 24(1) subsection (1)(b) of this section.

• Page 4, Line 1(b)  The judicial department, an agency, an attorney representing

• Page 4, Line 2an agency, or an attorney appointed by the court an appointed

• Page 4, Line 3professional described in paragraph (a) of this subsection (1)

• Page 4, Line 4subsection (1)(a) of this section shall exchange information with the

• Page 4, Line 5judicial department or similar agencies or individuals who have a need to

• Page 4, Line 6know to the extent necessary for the acquisition, provision, oversight, and

• Page 4, Line 7referral of services and support and if provided in the course of an

• Page 4, Line 8investigation or for case management purposes. The provision of

• Page 4, Line 9information by the judicial department shall include electronic read-only

• Page 4, Line 10access to the name index and register of actions for agencies or attorneys

• Page 4, Line 11appointed by the court appointed professionals to those case types

• Page 4, Line 12necessary to carry out their statutory purpose and the duties of their court

• Page 4, Line 13appointment as provided in this part 3. The state court administrator of

• Page 4, Line 14the judicial department and the executive directors of the affected

• Page 4, Line 15agencies shall ensure that there is a process for electronically exchanging

• Page 4, Line 16information pursuant to this section. Agencies, attorneys professionals,

• Page 4, Line 17and individuals shall maintain the confidentiality of the information obtained.

• Page 4, Line 18SECTION 3.  In Colorado Revised Statutes, 19-1-304, amend (7)(c), (7)(d), and (7)(e) as follows:

• Page 4, Line 1919-1-304.  Juvenile delinquency records - division of youth

• Page 4, Line 20services critical incident information - definitions. (7)  In addition to

• Page 4, Line 21the persons who have access to court records pursuant to subsection (1)(a)

• Page 4, Line 22of this section, statewide electronic read-only access to the name index

• Page 4, Line 23and register of actions of the judicial department must be allowed to the following agencies or persons:

• Page 4, Line 24(c)  Guardians ad litem or counsel for youth Professionals under

• Page 5, Line 1contract with the office of the child's representative, created in section

• Page 5, Line 213-91-104, or authorized by the office of the child's representative to act

• Page 5, Line 3as a guardian ad litem, or an attorney a professional under contract or

• Page 5, Line 4employed by the office of the child's representative, as it relates to a case in which they are the attorney is appointed; by the court;

• Page 5, Line 5(d)  Attorneys Professionals under contract with the office of the

• Page 5, Line 6alternate defense counsel, created in section 21-2-101, as it relates to a case in which they are the attorney is appointed; by the court;

• Page 5, Line 7(e)  A respondent parent's counsel professional under contract

• Page 5, Line 8with the office of the respondent parents' counsel, created in section

• Page 5, Line 913-92-103, or authorized by the office of the respondent parents' counsel

• Page 5, Line 10to act as a respondent parent's counsel, as it relates to a case in which they are the attorney is appointed; by the court; and

• Page 5, Line 11SECTION 4.  In Colorado Revised Statutes, 19-1-307, amend (2.3) introductory portion, (2.3)(c), and (2.3)(d) as follows:

• Page 5, Line 1219-1-307.  Dependency and neglect records and information -

• Page 5, Line 13access - fee - records and reports fund - misuse of information -

• Page 5, Line 14penalty - adult protective services data system check - rules.

• Page 5, Line 15(2.3)  The following agencies or appointed attorneys appointed by the

• Page 5, Line 16court must be granted statewide read-only access to the name index and register of actions for the judiciary department:

• Page 5, Line 17(c)  Guardians ad litem or counsel for youth Professionals under

• Page 5, Line 18contract with the office of the child's representative, created in section

• Page 5, Line 1913-91-104, or authorized by the office of the child's representative to act

• Page 5, Line 20as a guardian ad litem or counsel for youth, as it relates to a case in which they are the attorney is appointed; by the court; and

• Page 5, Line 21(d)  A respondent parent's counsel professional under contract

• Page 6, Line 1with the office of the respondent parents' counsel, created in section

• Page 6, Line 213-92-103, or authorized by the office of the respondent parents' counsel

• Page 6, Line 3to act as a respondent parent's counsel, as it relates to a case in which they are the attorney is appointed. by the court.

• Page 6, Line 4SECTION 5.  Act subject to petition - effective date. This act

• Page 6, Line 5takes effect at 12:01 a.m. on the day following the expiration of the

• Page 6, Line 6ninety-day period after final adjournment of the general assembly; except

• Page 6, Line 7that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 6, Line 8of the state constitution against this act or an item, section, or part of this

• Page 6, Line 9act within such period, then the act, item, section, or part will not take

• Page 6, Line 10effect unless approved by the people at the general election to be held in

• Page 6, Line 11November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.