OCR’s New Appellate Program

OCR’s new appellate program will be in effect beginning July 1, 2023. As of that date, only those trial court GALs/CFY who are certified as Level 1 Appellate Attorneys (L1) are authorized by OCR to handle appeals arising from their trial court dependency and neglect cases. Trial court GALs/CFY who are not L1 certified are required to secure appellate counsel from OCR’s Appellate & Litigation Support Team for appeal cases.

Contract Language Regarding Appeals

To implement this change, OCR’s application for renewal or verification contained the following language:

1. For those contractors who are certified by OCR to represent the interests of child(ren)/youth on appeal arising from dependency and neglect cases as either Level 1 or Level 2 Appellate Specialists:
   • As GAL, the contractor shall: (i) personally file a pleading in the appeals case; or (ii) formally join another party’s pleading in a manner that represents the child(ren)’s best interests.
   • As CFY, the contractor shall: (i) personally file a pleading in the appeals case; (ii) formally join another party’s pleading in a manner that represents the youth’s interests; or (iii) if a youth directs the contractor not to pursue or participate in an appeal after consultation, document the youth’s decision and the consultation that occurred.  
   • As either GAL or CFY on appeal, the contractor shall:
     • provide to OCR any pleading(s) filed in an appeals case of which contractor is GAL/CFY of record that an OCR staff requests with one week of such request;
     • provide notice to OCR of any case in which oral argument has been set at least one month in advance of the date for oral argument; and
     • provide notice to OCR of any case in which the Colorado Supreme Court has accepted jurisdiction within one week of receiving such order.
   • Comply with any appellate-specific trainings required by OCR.
2. For those contractors who are not certified by OCR to represent the interests of child(ren)/youth on appeals arising from dependency and neglect cases:
   • The contractor shall arrange for substitute appellate counsel from OCR’s Appellate & Litigation Support List:
     • within one week of receipt of the juvenile court’s written order to be appealed if the child(ren)/youth are situated as appellants; or
     • within two days of receipt of the Notice of Appeal/Designation of Record if the child(ren)/youth are situated as appellees. 
   • The contractor shall monitor any appeals case of which they are GAL/CFY of record until they have confirmed that substitute appellate counsel has entered their appearance in the appeals case.

This language will also be included as an exhibit to this year’s contracts.

Additions to OCR’s Appellate & Litigation Support Team

The current Appellate & Litigation Support Team list can be accessed here:

We have added two new members to the Appellate & Litigation Support Team – Sheena Knight and Josie Burt. Here’s some additional information about them.

• Sheena Knight received her Bachelor of Science in Political Science from Boston University in 2012. While in Boston, Sheena volunteered with the Massachusetts Society for the Prevention of Cruelty to Children, where she worked on legislation and public policies to benefit children and youth in foster care. Sheena then attended the University of Colorado School of Law, where she received her Juris Doctorate in 2015. During law school, Sheena interned with the Boulder County Attorney’s Office’s Child Protection Unit and worked with a GAL in Weld County. Sheena went to law school with the sole goal of representing children and youth. Sheena has been a Guardian ad Litem/Counsel for Youth in Arapahoe County with OCR for 7 years. Sheena has assisted with more than 75 appeals and has completed oral arguments in front of the Court of Appeals. Sheena is very passionate about ensuring children and youth have a voice in the courtroom and throughout the appellate process. She is excited to continue to advocate for children and youth throughout the appellate process and to ensure children and youth’s rights are protected.

• Josie Burt has practiced dependency and neglect law and specialized in appeals since the beginning of her career. She represented respondent parents in both trial and appellate courtrooms, but switched to Guardian ad Litem work in 2017. In Fall 2018, she began taking private cases, including appeals in domestic relations cases and torts on issues including guardianship, property division, grandparent rights, attorney fees, contempt, personal injury, negligence, and governmental immunity. In 2021, she worked as a special assistant county attorney participating in dependency and neglect appeals on behalf of Mesa County. When not researching or writing, she can be found enjoying the wonders of her western slope home while hiking, biking, skiing, or camping.

Questions? Contact OCR’s litigation and appellate strategies attorney Anna Ulrich at aulrich@coloradochildrep.org.