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H_JUD_2019A 01/24/2019 01:33:12 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 01/24/2019
Attendance
Benavidez *
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
McKean *
Roberts X
Soper X
Tipper X
Herod X
Weissman X
Time 01:33:12 PM to 03:16:58 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB19-1104 Referred to the Committee of the Whole
HB19-1042 Amended, referred to the Committee of the Whole

X = Present, E = Excused, A = Absent, * = Present after roll call

HB19-1104 - Referred to the Committee of the Whole


01:33:24 PM  

Representative Ransom, prime sponsor, presented House Bill 19-1104, concerning the rights of person represented by an attorney through the Office of the Respondent Parents' Counsel (ORPC).  Repesentative Ransom provided background on the ORPC, and explained the effect of the bill.

01:37:06 PM  

The following persons testified regarding HB 19-1104: Ms. Ruchi Kapoor, representing ORPC, testified in support of the bill. Ms. Kapoor provided additional background on the office, and explained the changes contained in the bill. Mr. Haven Rohnert, representing the Colorado Cross Disability Coalition, testified in support of the bill. Mr. Rohnert recounted his experiences in raising children, and circumstances that led to state supervision of his domestic arrangements. He explained how a court-appointed attorney would have helped his circumstances. Ms. Kapoor responded to questions regarding the circumstances under which ORPC provides representation to clients.

01:45:11 PM  

No amendments were offered to HB 19-1104.



01:46:30 PM
Motion Refer House Bill 19-1104 to the Committee of the Whole.
Moved Carver
Seconded Herod
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1042 - Amended, referred to the Committee of the Whole


01:46:43 PM  
The committee recessed.
01:49:26 PM  

The committee returned to order. Representative Gonzales-Gutierrez, prime sponsor, presented House Bill 19-1042, concerning expanding jurisdiction of the courts for certain vulnerable youth.  Representative Gonzales-Gutierrez explained the effect of the bill and discussed its need.  Committee members received a fact sheet supporting the bill (Attachment A).

01:54:27 PM  

The following persons testified regarding HB 19-1042: Ms. Kathleen Glynn, representing herself, testified in support of the bill. Ms. Ashley Chase, representing the Office of the Child's Representative, testified in support of HB 19-1042. She explained the inconsistency that would be fixed by the bill. Ms. Kacie Mulhern, representing the Rocky Mountain Children's Law Center, testified in support of the bill. She discussed her work in gaining special immigrant juvenile status for vulnerable persons, and explained how the threshold for adulthood of 18 years does not apply in some circumstances. Discussion ensued regarding what special immigrant juvenile status confers upon an individual, and the effect of the bill on this status. Discussion followed regarding the process by which an individual might receive this status.

02:15:12 PM  

Discussion ensued regarding other states that have passed legislation similar to HB 19-1042, and increases in the number of youth seeking special immigrant juvenile status. Discussion followed regarding costs associated with gaining the status, and public subsidies for navigating the process for gaining the status. Discussion turned to the competency status of those who would be 18 or over under HB 19-1042 and also under special immigrant juvenile status.

02:27:40 PM  

Discussion ensued regarding the definition of "child" in other areas of Colorado law, and vetting of cases of dependency and neglect by the state. Discussion followed regarding the duties of guardians for those who gain special immigrant juvenile status.

02:40:08 PM  

Discussion ensued regarding certain requirements in the bill that allow a court to appoint a guardian for a minor, and the impact of a state court order on attaining special immigrant juvenile status. Discussion returned to the process by which special immigrant juvenile status is attained. Discussion followed regarding the potential for "chain migration" to take place as a result of the granting of this status. Discussion returned to the potential for costs and fees to be charged by a guardian in the process of seeking special immigrant juvenile status. Ms. Glynn reiterated the steps that must be taken to attain special immigrant juvenile status.

02:58:38 PM  

Ms. Bridget McCann, representing herself, testified in support of HB 19-1042. Ms. McCann discussed the types of cases that would be impacted by the bill, and explained how the bill would impact the attainment of special immigrant juvenile status. She discussed disparities between federal and Colorado law in this area. Mr. Christiano Sosa, representing the Arc of Colorado, testified in support of the bill. Ms. Evie Hudak, representing the Colorado Parent Teacher Association, testified in support of the bill. Ms. Hudak discussed concerns about vulnerable youth, and noted a state law that extends youth-related services to age 21.

03:11:27 PM  

Representative Gonzales-Guetierrez explained the effect of amendment L.003 (Attachment B).



03:13:36 PM
Motion Adopt amendment L.003
Moved Gonzales-Gutierrez
Seconded Weissman
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:13:38 PM  
Representative Gonzales-Gutierrez provided closing remarks in support of HB 19-1042.


03:16:46 PM
Motion Refer House Bill 19-1042, as amended, to the Committee of the Whole.
Moved Gonzales-Gutierrez
Seconded Tipper
Benavidez Yes
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:16:58 PM   The committee adjourned.