Struck = removed from the bill ยท
added = the amendment's new text.
SecondHB1350_S_JUD.001 RegularSENATE SessionCOMMITTEE Seventy-fourthOF GeneralREFERENCE AssemblyREPORT STATE_______________________________ OFApril COLORADO29, ENGROSSED2024 ThisChair Versionof IncludesCommittee AllDate AmendmentsCommittee Adopted on SecondJudiciary. Reading in the House of Introduction LLS NO.
24-0326.03After Jacobconsideration Bauson x2173the HOUSEmerits, BILLthe 24-1350Committee HOUSErecommends SPONSORSHIPthe Froelichfollowing: and Story, SENATE SPONSORSHIP Winter F.
andHB24-1350 Michaelsonbe Jenet,amended Houseas Committeesfollows, Senateand Committeesas Judiciaryso Appropriationsamended, Abe BILLreferred FORto ANthe ACTCommittee Cof ONCERNINGthe STANDARDSWhole RELATEDwith TOfavorable COURTrecommendation: PROCEEDINGS FOR ALLOCATION OF PARENTAL RESPONSIBILITIES TO KEEP CHILDREN SAFE .
BillAmend Summaryreengrossed (Note:bill, page 6, line 17, after "XPRESSION ," insert "EXUAL ORIENTATION ,".
ThisPage summary9, appliesline to24, thisafter bill"ESSION as," introducedinsertSEXUAL andORIENTATION does,". notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) Under current law, a court may appoint a child and family investigator (investigator) to investigate and report to the court relevant factors for determining the best interest of a child or youth in a g proceedinginvolvingparentalresponsibilitiesallocation.Similarly,under i 4 a 0 current law, a court may appoint a parental responsibilities evaluator S R , O n 2 Shading denotes HOUSE amendment.
DoublePage underlining15, denotesline SENATE18, amendment.after "ESSION ," insertSEXUAL ORIENTATION ,".
HPage d16, plines Capital13 lettersand or14, boldstrike &"S italicAN numbersINDIVIDUAL indicateDEPENDENT newBY material" toand besubstitute added"CLUDES to". existingdlaw.
DashesPage through16, theline words17, orstrike numbers"AVIOR indicate,WHICH deletionsINCLUDES from," existingand law.substitute "EHAVIOR .
e"OERCIVE mCONTROL A"INCLUDES (evaluator)toevaluateandreport,". to the court concerning disputed issues relating to the parental responsibilities allocation.
ThePage bill:17, after line 6 insert:
!"(VI) ProhibitsTHREATENINGSELF investigators-HARMORTOCOMMITSUICIDE and,WITHTHE evaluatorsINTENT fromTO includingCOERCE information,CONTROL based, onPUNISH,OR theoriesAVENGE thatTHE areINDIVIDUAL not;". evidence-based or peer-reviewed in a report to the court, but requires investigatorsandevaluatorstoprovideoptionsforthecourt to consider;
!Renumber Requiressucceeding investigatorssubparagraphs andaccordingly. evaluators to adhere to certain interviewing and forensic reporting standards;
!** Requires*** investigators** and*** evaluators** to provide certain written disclosures to each partybeforeperformingduties;
! Allows the court to implement caps on charges for duties performed by evaluators;
! Requires investigators and evaluators to include all information obtained concerning domestic violence and child abuse;
and ! Amends training requirements for investigators and evaluators.
In all proceedings, a child or youth must have the opportunity to be heard without a parent present and have their opinion considered and entered into the record, either through an investigator's or evaluator's report or to the court through parental responsibilities allocation proceedings byletter or in the judge's chambers if the child or youth is of sufficient age and maturity and able to express an opinion.
The court is prohibited from considering information based on theories that are not evidence-based or peer-reviewed in determining the best interests of the child or youth when determining parenting time.
The bill defines "coercive control".
The bill requires that if allegations of domestic violence, child abuse or neglect, or child sexual abuse have been made, a child or youth must not be forced into an allocation of parental responsibilities arrangement, and the court is required to give strong consideration to the child's or youth's preference, if the preference is consistent with protecting the child's or youth's safety.
The bill clarifies that, pursuant to a chief justice directive, the office of the state court administrator is authorized to accept complaints regarding investigators and evaluators, and administer appropriate sanctions.
The office of the state court administrator shall publish information on its website regarding judges and magistrates who complete domestic violence and child abuse training.
Be it enacted by the General Assembly of the State of Colorado:
-2- 1350 SECTION1.
Legislativedeclaration.(1) Thegeneralassembly finds that:
(a) The general assembly, along with other state legislatures, the UnitedStatescongress,andtheUnitedNations,hasidentifiedthatfamily courtreformisnecessarytopreventthecommonoccurrenceofawarding parental responsibilities for minor children to perpetrators of violence, includingperpetratorsofintimatepartnerviolence,childabuse,andchild sexual abuse;
(b) United Nations experts have described the issue of protecting victimsofabuseincustodydisputes,particularlywomenandchildren,as an international crisis;
(c) Recently,thegeneralassemblypassedHouseBill21-1228and HouseBill23-1178.Amongotherthings,thesebillsrequirecertaincourt personnel who are involved in parental responsibility proceedings to complete training with evidence-based and peer-reviewed curricula in domestic violence, child abuse, and child sexual abuse.
The bills also requirecourtfindingsrelatedtodomesticviolence,childabuse,andchild sexualabusewhendeterminingparentalresponsibilities,andtheyrequire certain court-appointed expert witnesses in parental responsibilities proceedingstohaveappropriatequalifications.Finally,thebillslimitthe use of reunification treatment when a claim of domestic violence, child abuse, or child sexual abuse has been made, and they conform with the provisions of the federal "Keeping Children Safe from Family Violence Act", or "Kayden's Law".
Additional clarification and protections for childrenandformerpartnersareneededtobuilduponHouseBill21-1228 and House Bill 23-1178.
(d) Additionally,thegeneralassemblyrecentlypassedHouseBill -3- 1350 23-1108.Thebilladdressedtheimportantanddifficultworkofchildand family investigators and parental responsibilities evaluators and their roles in making courts safer and more accessible for domestic violence survivors.Itisimperativethatjudgesunderstandtheworkofthesecritical courtpersonnelandboththepositiveeffectorthenegativeconsequences itmayhavedependingupon training.Therecommendationsmadebythe task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel, created pursuant to House Bill 23-1108, recognized the need to expand expertise and knowledge regarding the effect of domestic violence exposure on children, power dynamics following partner separation, the reliability of information presented to the court, and the role of the court in protecting children.
Implementing these recommendations is critical to help judges work effectively with child and family investigators and parental responsibilities evaluators to improve support of domestic violence survivors.
(2) (a) Therefore, the general assemblydeclares it is necessaryto expand opportunities to ensure a child's opinions are entered into the record and considered by the court when determining parental responsibilities, to consider coercive control byperpetrators of violence, and to clarify and expand the state's role and responsibilities to ensure these standards are upheld.
(b) Furthermore, the general assembly declares that it is encouraged by the recommendations made by the task force to study victimandsurvivorawareness and responsiveness training requirements for judicial personnel, created pursuant to House Bill 23-1108.
The general assembly looks forward to the judicial department's -4- 1350 implementation of these recommendations, including actions necessary tocomplywiththefederal"KeepingChildrenSafefromFamilyViolence Act", or "Kayden's Law".
SECTION2.
InColoradoRevisedStatutes,14-10-116.5,amend (2)(b) and (2)(f);
and add (2)(b.3), (2)(b.7), (2.7), and (5) as follows:
14-10-116.5.
Appointment in domestic relations cases - child and family investigator - disclosure - background check - definition.
(2) (b) The child and family investigator shall make independent and informed recommendations to the court, in the form of a written report, withthecourt,unlessotherwiseorderedbythecourt.Whilethechildand family investigator shall consider the wishes of the child, the child and family investigator need not adopt such wishes in making his or her recommendations to the court, unless they serve the best interests of the child, as described in section 14-10-N THE WRITTEN REPORT,THE CHILD AND FAMILY INVESTIGATOR SHALL PROVIDE OPTIONS THAT SERVE THE BEST INTERESTS OF THE CHILD TO THE COURT FOR THE COURT TO CONSIDER .Thechild'swishes,ifexpressed,mustbedisclosedinthechild and family investigator's written report.
The court shall consider the entirety of the report, as well as any testimony by the child and family investigator,theparties,andanyotherprofessionals,beforeadoptingany recommendations made by the child and family investigator.
(b.3)(I) HECHILDANDFAMILYINVESTIGATORSHALLINCLUDEIN THE WRITTEN REPORT ALL INFORMATION ACQUIRED DURING THE INVESTIGATION CONCERNING DOMESTIC VIOLENCE AND CHILD ABUSE , INCLUDING :
(A) C HILD SEXUAL ABUSE;
(B) PHYSICAL ABUSE ;
-5- 1350 (C) E MOTIONAL ABUSE ;
(D) C OERCIVE CONTROL ;
(E) T RAUMA ;AND (F) V ICTIM AND PERPETRATOR BEHAVIORAL PATTERNS AND RELATIONSHIP DYNAMICS .
(II) HECHILDANDFAMILYINVESTIGATORSHALLINCLUDEINTHE WRITTENREPORTALLINFORMATIONPURSUANTTOSUBSECTION (2)(b.3)(I) OF THIS SECTIONREGARDLESS OF :
(A) T HE MANNER IN WHICH THE INFORMATION WAS ACQUIRED , INCLUDING BY ACCUSATION ;EVIDENCE OF A CRIMINAL CHARGE ,PLEA , DEFERRED JUDGMENT ,OR CONVICTION ;OR EVIDENCE OF A PROTECTION ORDER ;OR (B) W HO PRESENTED THE INFORMATION ,INCLUDING A CHILD.
(b.7) THE CHILD AND FAMILY INVESTIGATOR SHALL STRIVE TO ENSURETHATTHEWRITTENREPORTDOESNOT INCLUDEINFORMATIONOR RECOMMENDATIONS THAT ARE BIASED ,INCLUDING A BIAS REGARDING RELIGION, GENDER ,GENDER IDENTITY, GENDER EXPRESSION ,CULTURE , RACE ,ETHNICITY,NATIONAL ORIGIN,OR DISABILITY.
(f) (I) The court shall not appoint a person from the eligibility registry to be a child and family investigator for a case pursuant to this section unlessthecourtfindsthat the person is qualified as competent by training and experience in, at a minimum, domestic violence and its effectsonchildren,adults,andfamiliCOERCIVECONTROL ;childabuse;
and child sexual abuse in accordance with section 14-10-127.5.
The person'strainingandexperiencemustbeprovidedbyrecognizedsources with expertise in domestic violence,COERCIVE CONTROL , and the traumatic effects of domestic violence in accordance with section -6- 1350 14-10-127.5.
As of January 1, 2024, iniNITIALand ongoing training must include, at a minimum:
(I) Ten initial hours of training on domestic violence, including coercive control, and its traumatic effects on children, adults, and families;
(II) Ten initial hours of training on child abuse and child sexual abuse and its traumatic effects;
and (III) Fifteen subsequent hours of training every five years on domestic violence, including coercive control, child abuse, and child sexual abuse, and the traumatic effects on children, adults, and families.
(A) N OLESSTHANTWENTYHOURSOFINITIALTRAINING ,REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(a)(AND (B) N O LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY FIVE YEARS,REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(a)(I).
(II) NOTWITHSTANDING SUBSECTION (2)(f)(IOFTHIS SECTION,A CHILDANDFAMILYINVESTIGATORWHOCOMPLETEDTHEINITIALTRAINING REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(a)(ON OR BEFORE JANUARY 1, 2025,IS NOT REQUIRED TO COMPLETE SUPPLEMENTAL TRAINING OR THE ENTIRE TRAINING AGAIN FOR THE PURPOSE OF COMPLETING INTERVIEWING AND FORENSIC REPORT WRITING TRAINING REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(b)(IXAND (5)(b)(X).
(2.7)(a) PRIORTOPERFORMINGANYDUTIES ,ACHILDANDFAMILY INVESTIGATOR APPOINTED BY THE COURT SHALL PROVIDE A WRITTEN DISCLOSURE TO EACH PARTY AND EACH PARTY S ATTORNEY , IF APPLICABLE .
T A MINIMUM ,THE WRITTEN DISCLOSURE MUST INCLUDE :
(I) A DESCRIPTION OF THE CHILD AND FAMILY INVESTIGATOR 'S SPECIFIC DUTIES,RESPONSIBILITIE,AND LIMITATIONS ,WHICH MUST BE -7- 1350 CONSISTENT WITH THIS ARTICL10;
(II) A N ACKNOWLEDGMENT THAT THE CHILD AND FAMILY INVESTIGATORWILLCOMPLYWITHAPPLICABLESTATEANDFEDERALLAWS IN ACTING AS A CHILD AND FAMILY INVESTIGA,INCLUDING ALL LAWS PURSUANT TO THIS ARTICLE10;
(III) AN ACKNOWLEDGMENT THAT THE CHILD AND FAMILY INVESTIGATOR IS COMPLIANT WITH TRAINING REQUIREMENTS PURSUANT TO SECTION14-10-127.5 (5AND (IV) INFORMATION ON FILING A COMPLAINT PURSUANT TO SUBSECTION (2)(e)OF THIS SECTION AND WITH THE STATE COURT ADMINISTRATOR REGARDING THE CHILD AND FAMILY COURT INVESTIGATOR PURSUANT TO SECTION 13-3-101 (3.5)INCLUDING THE CURRENTCONTACTINFORMATIONFORTHESTATECOURTADMINISTRATOR .
(b) URSUANTTOACHIEFJUSTICEDIRECTIVE THECOURTMAYCAP A CHILD AND FAMILY INVESTIGATOR S FEES AND ALLOCATE RESPONSIBILITY FOR COST.
(5) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES, COERCIVE CONTROL "HAS THE SAME MEANING AS SET FORTH IN SECTION14-10-127.5.
SECTION 3.
In Colorado Revised Statutes, 14-10-124, amend (1.3) and (4)(e) introductory portion;
and add (1.5)(a.5) and (9) as follows:
14-10-124.
Best interests of the child.
(1.3) Definitions.
For purposes of this section and section 14-10-129 (2)(c), unless the context otherwise requires:
(a) "COERCIVE CONTROL"HAS THE SAME MEANING AS SET FORTH IN SECTION14-10-127.5.
-8- 1350 (a) (b) "Domestic violence" means an act of violence or a threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship, and may include any act or threatened act against a person or against property, including an animal, whenusedasamethodofcoercion,control,punishment,intimidation,or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
(b) (c) "Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both parents of the same child regardless of whether the persons have been married or have lived together at any time.
(c) (d) "Sexual assault" has the same meaning as set forth in section 19-1-103.
(1.5) Allocation of parental responsibilities.
The court shall determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interestsofthechild,givingparamountconsiderationtothechild'ssafety andthephysical,mental,andemotionalconditionsandneedsofthechild as follows:
(a.5) IN DETERMINING THE BEST INTERESTS OF THE CHILD FOR PURPOSES OF PARENTING TIME , THE COURT SHALL STRIVE NOT TO CONSIDERASARELEVANTFACTORINFORMATIONORRECOMMENDATIONS THAT ARE BIASED , INCLUDING BIAS REGARDING RELIGION , GENDER , GENDER IDENTITY ,GENDER EXPRESSION , CULTURE ,RACE ,ETHNICITY, NATIONAL ORIGIN,OR DISABILITY.
(4) (e) When the court finds by a preponderance of the evidence that one of the parties has committed child abuse or neglect, domestic -9- 1350 violence, or sexual assault resulting in the conception of the child, in formulating or approving a parenting plan, the court shall consider conditions on parenting time that ensure thesafetyof the child and of the abused partyGIVING PARAMOUNT CONSIDERATION TO THE SAFETY,AND THEPHYSICAL ,MENTAL ,ANDEMOTIONALCONDITIONSANDNEEDSOFTHE CHILD AND ABUSED PARTY .
In addition to any provisions set forth in subsection (7) of this section that are appropriate, the parenting plan in these cases may include, but is not limited to, the following provisions:
(9) F THE COURT ORDERS UNSUPERVISED PARENTING TIME FOR A PARENT ,ANDTHEREISANYINFORMATION ,INCLUDINGANACCUSATIONBY A CHILD,THAT THE PARENT HAS COMMITTED DOMESTIC VIOLENCE,CHILD ABUSE ,OR CHILD SEXUAL ABUSE,OR IF THE PARENT IS ACCUSED BY THE CHILDOFDOMESTICVIOLENCE ,CHILDABUSE ,CHILDSEXUALABUSE ,CHILD EMOTIONAL ABUSE ,OR COERCIVE CONTROL ,THE COURT SHALL MAKE A STATEMENT IN WRITING OR ORALLY ON THE PROCEEDING RECORD REGARDING WHY UNSUPERVISED PARENTING TIME FOR THE PARENT WAS DETERMINED TO BE IN THE BEST INTERESTS OF THE CHILD WITH PARAMOUNT CONSIDERATION GIVEN TO THE CHILD S SAFETY AND THE PHYSICAL, MENTAL ,AND EMOTIONAL CONDITIONS AND NEEDS OF THE CHILD.
SECTION4.
InColoradoRevisedStatutes,amend14-10-126as follows:
14-10-126.
Interviews.
(1) ThePON A MOTION,THEcourt may interview the child in chambers to ascertain the child's wishes as to the allocationofparentalresponsibilities.Thecourtmaypermitcounseltobe present at the interview.
The court shall cause a record of the interview to be made, and it sMUST be made part of the record in the HEse.
T -10- 1350 COURT SHALL MAKE FINDINGS IN ITS ORDER THAT EXPLAIN THE REASON WHY THE COURT GRANTED OR DENIED A REQUEST TO INTERVIEW THE CHILD IN CHAMBERS.
(2) The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court.
The advice given shall be in writing and shall be made available by the court tocounselofrecord,parties,andotherexpertwitnessesuponrequest,but itshallotherwisebeconsideredconfidentialandshallbesealedandshall not be open to inspection, except by consent of the court.
Counsel may call for cross-examination any professional personnel consulted by the court THE COURT SHALL GIVE PARAMOUNT CONSIDERATION TO CASES INVOLVING AN ALLEGATION MADE BY A CHILD REGARDING DOMESTIC VIOLENCE ,CHILD ABUSE OR NEGLECT ,OR CHILD SEXUAL ABUSE IN DETERMINING WHETHER TO GRANT A REQUEST TO INTERVIEW A CHILD IN CHAMBERS .
(3) THE COURT MAY SEEK THE ADVICE OF PROFESSIONAL PERSONNELWHETHER OR NOT THEY ARE EMPLOYEDONAREGULAR BASIS BY THE COURT .
HE ADVICE GIVEN MUST BE IN WRITING AND MUST BE MADE AVAILABLE BY THE COURT TO COUNSEL OF RECORD,PARTIES,AND OTHER EXPERT WITNESSES UPON REQUEST ,BUT IT MUST OTHERWISE BE CONFIDENTIAL AND MUST BE SEALED AND NOT BE OPEN TO INSPECTIO, EXCEPT BY CONSENT OF THE COURT .
COUNSEL MAY CALL FOR CROSS-EXAMINATION OF ANY PROFESSIONAL PERSONNEL CONSULTED BY THE COURT .
SECTION 5.
In Colorado Revised Statutes, 14-10-127, amend (1)(a)(I)(A),(4)introductoryportion,and(4)(a.5);andadd(1.5),(7)(b.3), (7)(b.7), and (11) as follows:
-11- 1350 14-10-127.
Evaluation and reports - training and qualificationsofevaluators - disclosure -definitions.(1)(a)(I)(A) In allproceedingsconcerningtheallocationofparentalresponsibilitieswith respect to a child, the court may, upon motion of either party or upon its own motion, order any county or district department of human or social services or a licensed mental health professional qualified pursuant to subsection (4) of this section and referred to in this section as an "evaluatorEVALUATOR toperformanevaluationandfileawrittenreport concerning the disputed issues relating to the allocation of parental responsibilitiesforthechild,unlessthemotionbyeitherpartyismadefor the purpose of delaying the proceedings.
The purpose of the evaluation and report is to assist in determining the best interests of the child, with thechild'ssafetyalwaysparamount.Theevaluationandsubsequentreport must focus on the best interests of the child and the factors set forth in sections 14-10-124 and 14-10-129 in anypost-decree or relocation case.
In addition, the evaluator shall assess a party's parenting attributes as those attributes relate to the best interests of the child and consider any psychological needs of the child when making recommendations concerning decision-making and parenting timFOR THE WRITTEN REPORT .
N THE WRITTEN REPORT ,THE EVALUATOR SHALL PROVIDE OPTIONS THAT SERVE THE BEST INTERESTS OF THE CHILD TO THE COURT FOR THE COURT TO CONSIDER.
(1.5) (a) RIOR TO PERFORMING ANY DUTIES ,AN EVALUATOR APPOINTED BY THE COURT SHALL PROVIDE A WRITTEN DISCLOSURE TO EACH PARTY AND EACH PARTY S ATTORNEY ,IF APPLICABLE.
AT A MINIMUM ,THE WRITTEN DISCLOSURE MUST INCLUDE:
(I) A DESCRIPTION OF THE EVALUATOR S SPECIFIC DUTIES, -12- 1350 RESPONSIBILITIE,AND LIMITATIONS ,WHICH MUST BE CONSISTENT WITH THIS ARTICLE10;
(II) AN ACKNOWLEDGMENT THAT THE EVALUATOR WILL COMPLY WITH APPLICABLE STATE AND FEDERAL LAWS IN ACTING AS AN EVALUATOR ,INCLUDING ALL LAWS PURSUANT TO THIS ARTICLE10;
(III) NACKNOWLEDGMENTTHATTHEEVALUATORISCOMPLIANT WITH TRAINING REQUIREMENTS PURSUANT TO SECTION 14-10-127.5 (5);
(IV) A COMPREHENSIVE DESCRIPTION OF THE EVALUATOR S FINANCIAL POLICIES,INCLUDING BILLING PRACTICES AND RATES FOR PERFORMANCE OF DUTIES ,COSTS ,FEES,AND DISBURSEMENTS ;AND (V) INFORMATION ON FILING A COMPLAINT PURSUANT TO SUBSECTION (9) OF THIS SECTION AND WITH THE STATE COURT ADMINISTRATOR REGARDING THE EVALUATOR PURSUANT TO SECTION 13-3-101(3.5)INCLUDINGTHECURRENTCONTACTINFORMATIONFORTHE STATE COURT ADMINISTRATOR .
(b) PURSUANTTOACHIEFJUSTICEDIRECTIVE ,THECOURTMAYCAP AN EVALUATOR S FEES AND ALLOCATE RESPONSIBILITY FOR COST.
(4) A person is not allowed tSHALL NOT testify as an expert witnessregardingaparentalresponsibilitiesorparentingtimeevaluation that the person has performed pursuant to this section unless the court finds that the person is qualified as competent, by training and experience, in the areas of:
(a.5) (I) The effects of domestic violence on children, adults, and families,includingtheconnectionbetweendomesticviolenceandtrauma on children, coercive control, child abuse, and child sexual abuse in accordance with section 14-10-127.5.
The person's training and experience must be provided by recognized sources with expertise in -13- 1350 domestic violence and the traumatic effects of domestic vANDence COERCIVE CONTROL in accordance with section 14-10-127.5.
As of January 1, 2024, initNITIALand ongoing training must include, at a minimum:
(I) Ten initial hours of training on domestic violence, including coercive control, and its traumatic effects on children, adults, and families;
(II) Ten initial hours of training on child abuse and child sexual abuse and its traumatic effects;
and (III) Fifteen subsequent hours of training every five years on domestic violence, child abuse, and child sexual abuse and the traumatic effects on children, adults, and families.
(A) NOLESSTHANTWENTYHOURSOFINITIALTRAINING REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(a)(AND (B) NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY FIVE YEARS,REQUIRED PURSUANT TO SECTION14-10-127.5 (5)(a)(I).
(II) OTWITHSTANDINGSUBSECTION (4)(a.5)(OFTHISSECTION, AN EVALUATOR WHO COMPLETED THE INITIAL TRAINING REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(a)ON OR BEFORE JANUARY 1, 2025,IS NOT REQUIRED TO COMPLETE SUPPLEMENTAL TRAINING OR THE ENTIRETRAININGAGAINFORTHEPURPOSEOFCOMPLETINGINTERVIEWING AND FORENSIC REPORT WRITING TRAINING REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(b)(IAND (5)(b)(X).
(7) (b.3) (I)HE EVALUATOR SHALL INCLUDE IN THE WRITTEN REPORT ALL INFORMATION ACQUIRED DURING THE EVALUATION CONCERNING DOMESTIC VIOLENCE AND CHILD ABUSE ,INCLUDING:
(A) C HILD SEXUAL ABUSE;
-14- 1350 (B) PHYSICAL ABUSE ;
(C) EMOTIONAL ABUSE ;
(D) C OERCIVE CONTROL ;
(E) TRAUMA ;AND (F) V ICTIM AND PERPETRATOR BEHAVIORAL PATTERNS AND RELATIONSHIP DYNAMICS .
(II) HEEVALUATORSHALLINCLUDEINTHEWRITTENREPORTALL INFORMATION PURSUANT TO SUBSECTION (7)(b.3)(OF THIS SECTION, REGARDLESS OF :
(A) T HE MANNER IN WHICH THE INFORMATION WAS ACQUIRED , INCLUDING BY ACCUSATION ;
EVIDENCE OF A CRIMINAL CHARGE ,PLEA, DEFERRED JUDGMENT ,OR CONVICTION;OR EVIDENCE OF A PROTECTION ORDER ;OR (B) W HO PRESENTED THE INFORMATION ,INCLUDING A CHIL.
(b.7) THE EVALUATOR SHALL STRIVE TO ENSURE THAT THE WRITTEN REPORT DOES NOT INCLUDE INFORMATION OR RECOMMENDATIONS THAT ARE BIASED ,INCLUDING A BIAS REGARDING RELIGION,GENDER ,GENDER IDENTITY ,GENDER EXPRESSION ,CULTURE , RACE ,ETHNICITY,NATIONAL ORIGIN,OR DISABILIT.
(11) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "COERCIVE CONTROL "HAS THE SAME MEANING AS SET FORTH IN SECTION14-10-127.5.
(b) "EVALUATOR "MEANSANYCOUNTYORDISTRICTDEPARTMENT OF HUMAN OR SOCIAL SERVICES OR A LICENSED MENTAL HEALTH PROFESSIONALQUALIFIEDPURSUANTTOSUBSECTION (4OFTHISSECTION .
SECTION6.
InColoradoRevisedStatutes,14-10-127.5,amend -15- 1350 (3)(a)(I), (3)(a)(II)(D), and (6)(c)(I);
and add (2)(a.3), (3)(a)(III), (3.5), (5)(b)(IX), (5)(b)(X), (5)(b.1), (5)(b.5), and (6)(d) as follows:
14-10-127.5.
Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions.
(2) As used in this section, unless the context otherwise requires:
(a.3) "COERCIVE CONTROL "MEANS A PATTERN OFTHREATENING , HUMILIATING ,ORINTIMIDATINGACTIONS INCLUDINGASSAULTSOROTHER ABUSE THAT IS USED TO HARM , PUNISH,OR FRIGHTEN AN INDIVIDUAL .
"C OERCIVE CONTROL "INCLUDES A PATTERN OF BEHAVIOR THAT TAKES AWAY THE INDIVIDUAL S LIBERTY OR FREEDOM AND STRIPS AWAY THE INDIVIDUAL S SENSE OF SELF ,INCLUDING THE INDIVIDUAL 'S BODILY INTEGRITY AND HUMAN RIGHTS .
"COERCIVE CONTROL " MAKES AN INDIVIDUAL DEPENDENT BY ISOLATING THE INDIVIDUAL FROM SUPPORT , EXPLOITING THE INDIVIDUAL , DEPRIVING THE INDIVIDUAL OF INDEPENDENCE , AND REGULATING THE INDIVIDUAL S EVERYDAY BEHAVIOR , WHICH INCLUDES , BUT IS NOT LIMITED TO, ANY OF THE FOLLOWING :
(I) SOLATING THE INDIVIDUAL FROM FRIENDS AND FAMILY;
(II) MONITORING ,SURVEILLING,REGULATING ,OR CONTROLLING THE INDIVIDUAL 'S, OR THE INDIVIDUAL 'S CHILD'S OR RELATIVE 'S, FINANCES ,ECONOMIC RESOURCES ,OR ACCESS TO SERVICES;
(III) MONITORING,SURVEILLING,REGULATING ,ORCONTROLLING THE INDIVIDUAL 'S, OR THE INDIVIDUAL 'S CHILD'S OR RELATIVE 'S, ACTIVITIES,COMMUNICATIONS ,OR MOVEMENTS , INCLUDING THROUGH TECHNOLOGY ;
(IV) NAME -CALLING, DEGRADING , OR DEMEANING THE -16- 1350 INDIVIDUAL,OR THE INDIVIDUAL'S CHILD OR RELATIVE,ON A FREQUENT BASIS;
(V) T HREATENING TO HARM OR KILL THE INDIVIDUAL OR THE INDIVIDUALS CHILD OR RELATIVE ,INCLUDING WEARING , ACCESSING , DISPLAYING,USING ,OR CLEANING A WEAPON IN AN INTIMIDATING OR THREATENING MANNER ;
(VI) THREATENINGTOHARMORKILLANANIMALWITHWHICHTHE INDIVIDUALORTHEINDIVIDUAL 'SCHILDORRELATIVEHASANEMOTIONAL BOND ;
(VII) THREATENING TO PUBLISH THE INDIVIDUAL 'S,OR THE INDIVIDUALSCHILD SORRELATIVE S,SENSITIVEPERSONALINFORMATION , INCLUDING SEXUALLY EXPLICIT MATERIAL ,OR MAKE REPORTS TO THE POLICE OR AUTHORITIES;
(VIII) AMAGINGTHEINDIVIDUAL S,ORTHEINDIVIDUAL SCHILD S OR RELATIVES,PROPERTY OR HOUSEHOLD GOODS ;
(IX) THREATENING THE INDIVIDUAL ,OR THE INDIVIDUALS CHILD OR RELATIVE,WITH DEPORTATION OR CONTACTING AUTHORITIES BASED ON PERCEIVED OR ACTUAL IMMIGRATION STATUS , WITHHOLDING ESSENTIAL DOCUMENTS REQUIRED FOR IMMIGRATION ,OR THREATENING TOWITHDRAWORINTERFEREWITHANACTIVEIMMIGRATIONAPPLICATION OR PROCESS;OR (X) F ORCING THE INDIVIDUAL ,OR THE INDIVIDUAL S CHILD OR RELATIVE,TO TAKE PART IN CRIMINAL ACTIVITIES OR CHILD ABUS.
(3) (a) In all proceedings brought pursuant to this title 14 concerning the allocation of parental responsibilities with respect to a child in which a claim of domestic violence or child abuse, including child sexual abuse, has been made to the court, or the court has reason to -17- 1350 believe that a party has committed domestic violence or child abuse, including child sexual abuse, the court shall:
(I) Considertheadmissionofexperttestimonyandevidenceifthe expert demonstrates expertise and experience working with victims of domesticviolenceorchildabuse,includingchildsexualabuse,thatisnot solely forensic in nature;
and (II) Considerevidenceofpastsexualorphysicalabusecommitted by the accused party, including:
(D) Otherdocumentation,includinglettersfromavictimadvocate orvictimserviceprovider,ifthevictimhasconsentedpursuanttosection 13-90-107 (1)(k)(I);
medical records;
or a letter to a landlord to break a lease;AND (III) CONSIDER EVIDENCE RELATED TO THE USE OF COERCIVE CONTROL BY A PARTY .
(3.5) IF ALLEGATIONS OF DOMESTIC VIOLENCE,CHILD ABUSE OR NEGLECT ,OR CHILD SEXUAL ABUSE HAVE BEEN MADE ,THE COURT SHALL GIVESTRONGCONSIDERATIONTOACHILD SSTATEDPREFERENCEMADETO THE COURT , CHILD AND FAMILY INVESTIGATOR , EVALUATOR , OR THE CHILD S LEGAL ADVOCATE ,IF THE STATED PREFERENCE IS CONSISTENT WITH THE PARAMOUNT CONSIDERATION GIVEN TO THE CHILD S SAFETY ANDTHEPHYSICAL ,MENTAL ,ANDEMOTIONALCONDITIONSANDNEEDSOF THE CHILD.
(5) (b) The required training set forth in subsection (5)(a) of this section must focus on domestic violence and child abuse, including:
(IX) INTERVIEWING ;AND (X) F ORENSIC REPORT WRITING.
(b.1) NOTWITHSTANDINGANYPROVISIONOFTHISSUBSECTION (5) -18- 1350 TO THE CONTRARY ,A CHILD AND FAMILY INVESTIGATOR OR A PARENTAL RESPONSIBILITIES EVALUATOR WHO COMPLETED THE INITIAL TRAINING REQUIRED PURSUANT TO SUBSECTION (5)(a)(IOF THIS SECTION ON OR BEFORE JANUARY 1,2025,ISNOTREQUIREDTOCOMPLETESUPPLEMENTAL TRAINING OR THE ENTIRE TRAINING AGAIN FOR THE PURPOSE OF COMPLETING INTERVIEWING AND FORENSIC REPORT WRITING TRAINING REQUIRED PURSUANT TO SUBSECTION (5)(b)(IXAND (5)(b)(X)OF THIS SECTION.
(b.5) HEREQUIREDTRAININGSETFORTHINSUBSECTION (5)(aOF THIS SECTION MUST BE CULTURALLY INFORMED AND MUST NOT INCLUDE INFORMATION THAT IS DISCRIMINATORY BECAUSE OF A CHILD S OR PARENT S DISABILITY,RACE ,CREED ,RELIGION, COLOR ,SEX, SEXUAL ORIENTATION , GENDER , GENDER IDENTITY , GENDER EXPRESSION , CULTURE ,NATIONAL ORIGIN,ANCESTRY ,OR IMMIGRATION STATUS .
(6) (c) The required training must be designed to improve the ability of courts to:
(I) Recognize and respond to child physical abuse, child sexual abuse, domestic violencCOERCIVE CONTROL , and trauma in all family victims, particularly children;
and (d) APROFESSIONALTRAINER ISNOT REQUIREDTOBE AFFILIATED WITH A STATE AGENCY ,INCLUDING THE OFFICE OF THE STATE COURT ADMINISTRATOR , IN ORDER TO DELIVER THE TRAINING REQUIREMENTS PURSUANTTOSUBSECTION (5)OFTHISSECTIONANDTHISSUBSECTION (6).
SECTION7.
InColoradoRevisedStatutes,14-10-128.1,amend (2)(b) as follows:
14-10-128.1.
Appointment of parenting coordinator - disclosure.
(2) (b) In addition to making the findings required pursuant -19- 1350 to paragraph (a) of this subsection SUBSECTION (2)(aOF THIS SECTION, prior to appointing a parenting coordinator, the court may consider the effect of any claim or documented evidence of domestic violence,asdefinedinsection14-10-124(1.3)SECTION14-10-124,by the other party on the parties' ability to engage in parent coordination.
SECTION 8.
In Colorado Revised Statutes, 13-3-101, add (3.5) as follows:
13-3-101.
State court administrator - duties - report - definitions - repeal.
(3.5) (A)S REQUIRED BY A CHIEF JUSTICE DIRECTIVE,THE STATE COURT ADMINISTRATOR IS RESPONSIBLE FOR ACCEPTING COMPLAINTS REGARDING VIOLATIONS OF A CHIEF JUSTICE DIRECTIVE CONCERNING CHILD AND FAMILY INVESTIGATORS APPOINTED BY THE COURT PURSUANT TO SECTION 14-10-116.5AND PARENTAL RESPONSIBILITIES EVALUATORS APPOINTED BY THE COURT PURSUANT TO SECTION 14-10-127 IN COURTS INVOLVED WITH THE ALLOCATION OF PARENTAL RESPONSIBILITIES PURSUANT TO DISSOLUTION OF MARRIAGE PROCEEDINGS .
HE STATE COURT ADMINISTRATOR IS AUTHORIZED TO ADMINISTER APPROPRIATE SANCTIONS ESTABLISHED PURSUANT TO CHIEF JUSTICE DIRECTIVE.
THE STATE COURT ADMINISTRATOR IS NOT RESPONSIBLEFORACCEPTINGCOMPLAINTSREGARDINGCONDUCTTHATIS REGULATED BY A CHILD AND FAMILY INVESTIGATOR S OR PARENTAL RESPONSIBILITIESEVALUATORSPROFESSIONALREGULATORYAUTHORITY .
(b) AS A PART OF THE JUDICIAL DEPARTMEN'S"SMART A CT" HEARING REQUIRED BY SECTION 2-7-203,DURING THE 2025 REGULAR LEGISLATIVE SESSION, AND EACH REGULAR LEGISLATIVE SESSION THEREAFTER ,THE JUDICIAL DEPARTMENT SHALL REPORT ON THE TOTAL NUMBEROFCHILDANDFAMILYCOURTINVESTIGATORSAPPOINTEDBYTHE -20- 1350 COURT PURSUANT TO SECTION 14-10-116.5 AND PARENTAL RESPONSIBILITIES EVALUATORS APPOINTED BY THE COURT PURSUANT TO SECTION 14-10-127ELIGIBILITY ROSTERS ESTABLISHED PURSUANT TO A CHIEFJUSTICEDIRECTIVE,THENUMBEROFCOMPLAINTSRECEIVEDBYTHE STATE COURT ADMINISTRATOR IN THE PRECEDING CALENDAR YEAR REGARDING CHILD AND FAMILY COURT INVESTIGATORS AND PARENTAL RESPONSIBILITIES EVALUATORS , AND THE NUMBER OF FOUNDED COMPLAINTSANDSANCTIONSISSUEDASARESULTOFTHOSECOMPLAINTS INTHEPRECEDINGCALENDARYEARREGARDINGCHILDANDFAMILYCOURT INVESTIGATORS AND PARENTAL RESPONSIBILITIES EVALUATOR.
(c) T HE STATE COURT ADMINISTRATOR SHALL PUBLISH AND ANNUALLY UPDATE ON THE JUDICIAL DEPARTMENT S PUBLIC WEBSITE A SUMMARY OF THE ACTIONS TAKEN IN THE YEAR PRECEDING THE FIRST PUBLICATION,ORSINCETHELATESTUPDATEDPUBLICATION ,CONCERNING ACTIONS TAKEN BY THE JUDICIAL DEPARTMENT TO COMPLY WITH RECOMMENDATIONS MADE BY THE TASK FORCE TO STUDY VICTIM AND SURVIVOR AWARENESS AND RESPONSIVENESS TRAINING REQUIREMENTS FOR JUDICIAL PERSONNE,CREATED PURSUANT TO H OUSEB ILL23-1108.
SECTION 9.
In Colorado Revised Statutes, 8-13.3-503, amend (6) as follows:
8-13.3-503.
Definitions.Asusedinthispart5,unlessthecontext otherwise requires:
(6) "Domestic violence" means any conduct that constitutes "domestic violence" as set forth in section 18-6-800.3 (1) or section 14-10-124(1.3)(aSECTION14-10-124or"domesticabuse"assetforthin section 13-14-101 (2).
SECTION 10.
In Colorado Revised Statutes, 13-80-103.6, -21- 1350 amend (1) as follows:
13-80-103.6.
General limitation of actions - domestic violence - six years - definition.
(1) Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action to recover damages caused by an act of domestic violence, as defined in section 14-10-124 (1.SECTION 14-10-124, must be commenced within six years after a disabilityhas been removed for a person under disability, as such term is defined in subsection (2) of thissection,orwithinsixyearsafteracauseofactionaccrues,whichever occurslater,andnotthereafter;exceptthatinnoeventmayanysuchcivil action be commenced more than twenty years after the cause of action accrues.
SECTION 11.
Act subject to petition - effective date.
This act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if a referendumpetition is filed pursuant to section 1 (3)of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
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