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Colorado Senate Bill SB194

Colorado 2023 Regular Session

Colorado Senate Bill SB194 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 23-0225.03 Conrad Imel x2313
88 SENATE BILL 23-194
99 Senate Committees House Committees
1010 Judiciary
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING MEASURES TO IMPR OVE THE ADMINISTRATION OF101
1414 DOMESTIC RELATIONS PROCEEDINGS .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill establishes a domestic relations judicial training advisory
2323 committee (advisory committee) to develop a domestic relations training
2424 program (training program) for judges, magistrates, and court personnel
2525 to improve decision-making in domestic relations cases. In carrying out
2626 its duties, the advisory committee shall seek input from judges and
2727 magistrates from each judicial district, the state court administrator's
2828 SENATE SPONSORSHIP
2929 Hansen,
3030 HOUSE SPONSORSHIP
3131 Amabile and Joseph,
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. office, and other stakeholders. The advisory committee is repealed
3535 September 1, 2027, and is subject to a sunset review prior to its repeal.
3636 The training program must satisfy training standards established
3737 by the chief justice of the Colorado supreme court (chief justice). The
3838 state court administrator must begin providing the training program no
3939 later than July 1, 2024, and may contract with a third party to provide the
4040 training. The training program must include both initial training and
4141 continuing training. The bill requires the general assembly to fund
4242 development of the training program and requires the judicial department
4343 to include in its annual budget request an amount necessary to ensure that
4444 judicial officers who hear domestic relations cases and domestic relations
4545 court personnel may attend the training program at no cost.
4646 The bill requires the advisory committee to collaborate with the
4747 chief justice and state court administrator on the development of the
4848 training standards. If the chief justice does not establish training standards
4949 by November 30, 2023, the advisory committee establishes the standards.
5050 The state court administrator shall coordinate with the advisory
5151 committee to a establish an ongoing review process to measure outcomes
5252 of the training program. The bill requires the state court administrator to
5353 study strategies for increasing opportunities for judicial officers to attend
5454 domestic relations judicial training.
5555 The general assembly encourages the chief justice and the chief
5656 judges of each judicial district to establish dedicated domestic relations
5757 dockets in each district and to assign to those dockets judges, magistrates,
5858 and court personnel who have completed the training program. The
5959 general assembly further encourages each judicial district nominating
6060 commission and the governor, when nominating and appointing
6161 replacements for domestic relations judges, to consider candidates who
6262 have substantial experience in domestic relations litigation, have attended
6363 the domestic relations program as a private attorney, and who
6464 demonstrate willingness to serve on a domestic relations docket.
6565 Under existing law, a child or youth who has special needs that
6666 create a barrier to the child or youth's adoption is eligible for adoption
6767 benefits. To be eligible for adoption benefits, the child or youth must be
6868 legally available for adoption. The bill expands this requirement to make
6969 a child or youth eligible for adoption benefits if the child or youth has
7070 been legally available for adoption within 90 days before the application
7171 for the benefits.
7272 Be it enacted by the General Assembly of the State of Colorado:1
7373 SECTION 1. Legislative declaration. (1) The general assembly2
7474 finds and declares that:3
7575 SB23-194-2- (a) Parties to a dissolution of marriage often present issues to1
7676 courts that are complex and require the help of educated domestic2
7777 relations court personnel, including judges and magistrates, to resolve3
7878 those issues; and4
7979 (b) In many cases, the future health of parties involved in5
8080 domestic relations cases, including children and the community at large,6
8181 depends on the existence of a judicial system in which all domestic7
8282 relations court personnel are trained in all aspects of family law, family8
8383 systems, child development, and relevant mental health issues.9
8484 (2) Therefore, the general assembly declares that all domestic10
8585 relations court personnel, including judges and magistrates, should11
8686 receive comprehensive and ongoing training before and during the time12
8787 in which they hear or participate in domestic relations cases.13
8888 SECTION 2. In Colorado Revised Statutes, add article 5.2 to title14
8989 13 as follows:15
9090 ARTICLE 5.216
9191 Domestic Relations Judicial Training17
9292 13-5.2-101. Legislative intent. (1) I
9393 T IS THE INTENT OF THE18
9494 GENERAL ASSEMBLY IN ENACTING THIS ARTICLE 5.2 TO:19
9595 (a) P
9696 ROMOTE INFORMED AND COMPASSIONATE DECISION -MAKING20
9797 FOR PARTIES INVOLVED IN DOMESTIC RELATIONS CASES BY PROVIDING21
9898 TRAINING REGARDING ALL ASPECTS OF DOMESTIC RELATIONS LAW FOR ALL22
9999 JUDGES AND MAGISTRATES SERVING COLORADO FAMILIES;23
100100 (b) E
101101 NSURE THAT COLORADO'S JUDICIAL PROCESS IS ACCESSIBLE24
102102 AND RESPONSIVE TO ALL PARTICIPANTS IN DOMESTIC RELATIONS CASES ,25
103103 INCLUDING SELF-REPRESENTED LITIGANTS AND CHILDREN ; AND26
104104 (c) I
105105 MPLEMENT A TRAINING PROGRAM FOR DOMESTIC RELATIONS27
106106 SB23-194
107107 -3- PROFESSIONALS, INCLUDING JUDGES, MAGISTRATES, COURT PERSONNEL,1
108108 AND PRIVATE ATTORNEYS.2
109109 (2) T
110110 HE GENERAL ASSEMBLY STRONGLY ENCOURAGES THE CHIEF3
111111 JUSTICE OF THE COLORADO SUPREME COURT AND THE CHIEF JUDGE OF4
112112 EACH JUDICIAL DISTRICT, PURSUANT TO THE AUTHORITY GRANTED TO5
113113 THEM IN ARTICLE VI, SECTION 5 OF THE STATE CONSTITUTION, TO:6
114114 (a) E
115115 STABLISH A DEDICATED DOCKET IN EACH JUDICIAL DISTRICT7
116116 TO HEAR DOMESTIC RELATIONS CASES ;8
117117 (b) A
118118 SSIGN ONLY JUDGES WHO HAVE A TTENDED THE DOMESTIC9
119119 RELATIONS TRAINING PROGRAM ESTABLISHED IN SECTION 13-5.2-104 TO10
120120 THE DEDICATED DOMESTIC RELATIONS DOCKET ; AND11
121121 (c) R
122122 EQUIRE ALL COURT PERSONNEL WHO ARE ASSIGNED TO THE12
123123 DEDICATED DOMESTIC RELATIONS DOCKET TO ATTEND THE DOMESTIC13
124124 RELATIONS TRAINING PROGRAM .14
125125 (3) T
126126 HE GENERAL ASSEMBLY ENCOURAGES THE CHIEF JUSTICE OF15
127127 THE COLORADO SUPREME COURT TO CONVENE A DOMESTIC RELATIONS16
128128 JUDICIAL OFFICERS' CONFERENCE AT LEAST ANNUALLY TO ENCOURAGE17
129129 UNIFORM PRACTICES OF JUDICIAL ADMINISTRATION , LEGAL18
130130 INTERPRETATION, AND LEGAL ANALYSIS IN THE AREA OF DOMESTIC19
131131 RELATIONS, AND TO FOSTER JUDICIAL COLLEGIALITY.20
132132 (4) T
133133 HE GENERAL ASSEMBLY FURTHER ENCOURAGES EACH21
134134 JUDICIAL DISTRICT NOMINATING COMMISSION AND THE GOVERNOR , WHEN22
135135 NOMINATING AND APPOINTING A REPLACEMENT FOR A DISTRICT JUDGE23
136136 WHO WAS ASSIGNED TO A DEDICATED DOMESTIC RELATIONS DOCKET , TO24
137137 CONSIDER CANDIDATES WHO HAVE SUBSTANTIAL EXPERIENCE IN25
138138 DOMESTIC RELATIONS LITIGATION , HAVE ATTENDED THE DOMESTIC26
139139 RELATIONS PROGRAM AS A PRIVATE ATTORNEY , AND DEMONSTRATE27
140140 SB23-194
141141 -4- WILLINGNESS TO SERVE ON A DOMESTIC RELATIONS DOCKET .1
142142 13-5.2-102. Definitions. A
143143 S USED IN THIS ARTICLE 5.2, UNLESS2
144144 THE CONTEXT OTHERWISE REQUIRES :3
145145 (1) "A
146146 DJUNCT PROFESSIONAL" MEANS A PROFESSIONAL WITH4
147147 EXPERIENCE ASSISTING COURTS IN DOMESTIC RELATIONS CASES . ADJUNCT5
148148 PROFESSIONALS INCLUDE SPECIAL MASTERS , DISCOVERY MASTERS ,6
149149 PSYCHOLOGISTS, ACCOUNTANTS, CHILD SPECIALISTS, MEDIATORS, AND7
150150 OTHER PROFESSIONALS. FOR PROFESSIONS FOR WHICH COLORADO LAW8
151151 REQUIRES LICENSURE, "ADJUNCT PROFESSIONAL " ONLY INCLUDES A9
152152 PERSON IN GOOD STANDING IN THE PERSON 'S PROFESSION.10
153153 (2) "A
154154 DVISORY COMMITTEE" MEANS THE DOMESTIC RELATIONS11
155155 JUDICIAL TRAINING ADVISORY COMMITTEE ESTABLISHED IN SECTION12
156156 13-5.2-103.13
157157 (3) "C
158158 HIEF JUSTICE" MEANS THE CHIEF JUSTICE OF THE COLORADO14
159159 SUPREME COURT.15
160160 (4) "D
161161 OMESTIC RELATIONS CASE" MEANS:16
162162 (a) A
163163 N ACTION, INCLUDING THE FILING OF A COMPLAINT, PETITION,17
164164 WRIT, OR MOTION WITH A COURT, BROUGHT PURSUANT TO TITLE 14;18
165165 (b) A
166166 PROCEEDING COMMENCED PURSUANT TO THE "UNIFORM19
167167 P
168168 ARENTAGE ACT", ARTICLE 4 OF TITLE 19;20
169169 (c) A
170170 PROCEEDING COMMENCED PURSUANT TO THE "COLORADO21
171171 S
172172 URROGACY AGREEMENT ACT", ARTICLE 4.5 OF TITLE 19; AND22
173173 (d) A
174174 N ACTION OR PETITION TO ESTABLISH CHILD SUPPORT23
175175 BROUGHT PURSUANT TO ARTICLE 6 OF TITLE 19.24
176176 (5) "D
177177 OMESTIC RELATIONS COURT PERSONNEL " MEANS A JUDICIAL25
178178 DEPARTMENT OR JUDICIAL DISTRICT EMPLOYEE ASSIGNED TO WORK ON26
179179 DOMESTIC RELATIONS CASES IN A JUDICIAL DISTRICT OR A PERSON WHO27
180180 SB23-194
181181 -5- WORKS ON DOMESTIC RELATIONS CASES IN A JUDICIAL DISTRICT PURSUANT1
182182 TO A CONTRACT WITH THE JUDICIAL DEPARTMENT OR JUDICIAL DISTRICT .2
183183 "D
184184 OMESTIC RELATIONS COURT PERSONNEL " INCLUDES, BUT IS NOT LIMITED3
185185 TO, A COURT CLERK, FAMILY COURT FACILITATOR , SPECIAL MASTER,4
186186 MEDIATOR, AND SELF-REPRESENTED LITIGANT AIDE OR COORDINATOR .5
187187 "D
188188 OMESTIC RELATIONS COURT PERSONNEL " DOES NOT INCLUDE A JUDICIAL6
189189 OFFICER.7
190190 (6) "J
191191 UDICIAL OFFICER" MEANS A COLORADO SUPREME COURT8
192192 JUSTICE OR JUDGE, INCLUDING A JUSTICE OR JUDGE SERVING ON SENIOR9
193193 BASIS, OR A MAGISTRATE.10
194194 (7) "S
195195 TATE COURT ADMINISTRATOR " MEANS THE STATE COURT11
196196 ADMINISTRATOR ESTABLISHED PURSUANT TO SECTION 13-3-101.12
197197 (8) "T
198198 RAINING PROGRAM" MEANS THE DOMESTIC RELATIONS13
199199 TRAINING PROGRAM ESTABLISHED PURSUANT TO SECTION 13-5.2-104.14
200200 (9) "T
201201 RAINING PROVIDER" MEANS AN ENTITY THAT PROVIDES A15
202202 TRAINING PROGRAM, INCLUDING A THIRD-PARTY PROVIDER THAT HAS16
203203 ENTERED INTO AN AGREEMENT TO PROVIDE DOMESTIC RELATIONS17
204204 TRAINING AS DESCRIBED IN SECTION 13-5.2-104 (3).18
205205 (10) "T
206206 RAINING STANDARDS" MEANS THE DOMESTIC RELATIONS19
207207 TRAINING STANDARDS ADOPTED PURSUANT TO SECTION 13-5.2-104 (1).20
208208 13-5.2-103. Domestic relations judicial training advisory21
209209 committee - reports - court data - legislative intent - sunset review -22
210210 repeal. (1) T
211211 HERE IS ESTABLISHED IN THE OFFICE OF THE STATE COURT23
212212 ADMINISTRATOR A DOMESTIC RELATIONS JUDICIAL TRAINING ADVISORY24
213213 COMMITTEE TO DEVELOP THE TRAINING PROGRAM , AS DESCRIBED IN25
214214 SECTION 13-5.2-104 (2), AND TO ADVISE AND COLLABORATE WITH THE26
215215 CHIEF JUSTICE AND STATE COURT ADMINISTRATOR ABOUT ONGOING27
216216 SB23-194
217217 -6- TRAINING AND STANDARDS FOR JUDICIAL OFFICERS AND DOMESTIC1
218218 RELATIONS COURT PERSONNEL , THE EFFICIENCY OF COURT PROCESSES2
219219 WITHIN DOMESTIC RELATIONS DOCKETS , AND ALL ASPECTS REGARDING3
220220 THE EFFICACY OF COLORADO'S DOMESTIC RELATIONS COURTS.4
221221 (2) (a) T
222222 HE ADVISORY COMMITTEE CONSISTS OF SEVEN MEMBERS ,5
223223 AS FOLLOWS:6
224224 (I) O
225225 NE MEMBER FROM THE ADMINISTRATIVE MANAGEMENT OF7
226226 THE JUDICIAL DEPARTMENT, APPOINTED BY THE CHIEF JUSTICE;8
227227 (II) O
228228 NE DISTRICT JUDGE WITH EXPERIENCE PRESIDING OVER9
229229 DOMESTIC RELATIONS CASES, APPOINTED BY THE CHIEF JUSTICE;10
230230 (III) O
231231 NE ACTIVELY PRACTICING MENTAL HEALTH PROFESSIONAL11
232232 WITH TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC12
233233 RELATIONS CASES, APPOINTED BY THE CHIEF JUSTICE FROM AMONG13
234234 CANDIDATES RECOMMENDED BY THE FAMILY LAW SECTION OF THE14
235235 C
236236 OLORADO BAR ASSOCIATION ;15
237237 (IV) T
238238 WO ATTORNEYS LICENSED TO PRACTICE LAW IN COLORADO,16
239239 APPOINTED BY THE EXECUTIVE COUNCIL OF THE FAMILY LAW SECTION OF17
240240 THE COLORADO BAR ASSOCIATION ;18
241241 (V) O
242242 NE ACTIVELY PRACTICING FINANCIAL PROFESSIONAL WITH19
243243 TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS20
244244 CASES, APPOINTED BY THE CHIEF JUSTICE FROM AMONG CANDIDATES21
245245 RECOMMENDED BY THE FAMILY LAW SECTION OF THE COLORADO BAR22
246246 ASSOCIATION; AND23
247247 (VI) T
248248 HE CHIEF JUSTICE OR THE CHIEF JUSTICE'S DESIGNEE.24
249249 (b) T
250250 HE CHIEF JUSTICE, OR THE CHIEF JUSTICE'S DESIGNEE, IS THE25
251251 CHAIR OF THE ADVISORY COMMITTEE . THE CHAIR MAY NOT VOTE ON26
252252 QUESTIONS BEFORE THE COMMITTEE ; EXCEPT THAT THE CHAIR MAY VOTE27
253253 SB23-194
254254 -7- IN THE CASE OF A TIE ON ANY QUESTION VOTED ON BY THE ADVISORY1
255255 COMMITTEE.2
256256 (c) I
257257 N MAKING APPOINTMENTS TO THE ADVISORY COMMITTEE , THE3
258258 APPOINTING AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE4
259259 ADVISORY COMMITTEE REFLECTS TH E CULTURAL AND GEOGRAPHIC5
260260 DIVERSITY OF THE STATE.6
261261 (d) E
262262 ACH MEMBER OF THE ADVISORY COMMITTEE SERVES AT THE7
263263 PLEASURE OF THE APPOINTING AUTHORITY . THE TERM OF APPOINTMENT IS8
264264 TWO YEARS; EXCEPT THAT THE INITIAL TERM OF EACH MEMBER INITIALLY9
265265 APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(II) AND (2)(a)(III) OF THIS10
266266 SECTION AND ONE MEMBER APPOINTED PURSUANT TO SUBSECTION11
267267 (2)(a)(IV)
268268 OF THIS SECTION IS THREE YEARS. WHEN MAKING ITS INITIAL12
269269 APPOINTMENTS PURSUANT TO SUBSECTION (2)(a)(IV) OF THIS SECTION,13
270270 THE EXECUTIVE COUNCIL OF THE FAMILY LAW SECTION OF THE COLORADO14
271271 BAR ASSOCIATION SHALL DESIGNATE THE MEMBER APPOINTED TO THE15
272272 THREE-YEAR TERM DESCRIBED IN THIS SUBSECTION (2)(d).16
273273 (e) E
274274 ACH MEMBER OF THE ADVISORY COMMITTEE SERVES WIT HOUT17
275275 COMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FOR18
276276 ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF19
277277 THE MEMBER'S DUTIES. THE CHIEF JUSTICE SHALL ADOPT GUIDELINES20
278278 GOVERNING EXPENSE REIMBURSEMENT .21
279279 (3) T
280280 HE CHIEF JUSTICE SHALL CONVENE THE FIRST MEETING OF THE22
281281 ADVISORY COMMITTEE ON OR BEFORE SEPTEMBER 30, 2023. AFTER THE23
282282 FIRST MEETING, THE ADVISORY COMMITTEE MUST MEET AT LEAST24
283283 MONTHLY. THE ADVISORY COMMITTEE SHALL ALLOW COMMITTEE25
284284 MEMBERS TO ATTEND MEETINGS REMOTELY .26
285285 (4) T
286286 HE STATE COURT ADMINISTRATOR SHALL ASSIGN ONE27
287287 SB23-194
288288 -8- ADMINISTRATIVE SUPPORT STAFF MEMBER TO FACILITATE THE WORK OF1
289289 THE ADVISORY COMMITTEE .2
290290 (5) T
291291 HE OFFICE OF THE STATE COURT ADMINISTRATOR SHALL3
292292 PROVIDE THE FOLLOWING DATA TO THE ADVISORY COMMITTEE ON OR4
293293 BEFORE JULY 1, 2024, AND ANNUALLY THEREAFTER :5
294294 (a) T
295295 HE NUMBER OF DOMESTIC RELATIONS CASES IN EACH JUDICIAL6
296296 DISTRICT AND THE NUMBER OF DOMESTIC RELATIONS CASES AS A7
297297 PERCENTAGE OF THE TOTAL NUMBER OF CASES IN EACH DISTRICT ;8
298298 (b) T
299299 HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT IN WHICH9
300300 A PARTY SEEKS TO REOPEN A CLOSED DOMESTIC RELATIONS CASE ;10
301301 (c) T
302302 HE STATUS OF REPRESENTATION FOR PARTIES IN DOMESTIC11
303303 RELATIONS CASES IN EACH JUDICIAL DISTRICT, INCLUDING:12
304304 (I) T
305305 HE NUMBER OF CASES IN WHICH BOTH PARTIES WERE13
306306 REPRESENTED BY COUNSEL AT THE COMMENCEMENT OF THE CASE AND THE14
307307 NUMBER OF CASES IN WHICH ONLY ONE PARTY WAS REPRESENTED BY15
308308 COUNSEL AT THE COMMENCEMENT OF THE CASE ;16
309309 (II) T
310310 HE NUMBER OF CASES IN WHICH THERE WAS A SUBSEQUENT17
311311 ENTRY OF APPEARANCE BY COUNSEL IN A CASE IN WHICH ONE OR BOTH18
312312 PARTIES PROCEEDED WITHOUT REPRESENTATION BY COUNSEL AT THE19
313313 COMMENCEMENT OF THE CASE ;20
314314 (III) T
315315 HE NUMBER OF CASES IN WHICH THERE WAS A WITHDRAWAL21
316316 BY COUNSEL; AND22
317317 (IV) T
318318 HE NUMBER OF CASES IN WHICH AN ATTORNEY WAS NOT23
319319 COUNSEL OF RECORD BUT PROVIDED SERVICES TO A PARTY TO THE CASE ;24
320320 (d) T
321321 HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT, INCLUDING25
322322 BOTH INITIAL FILINGS AND REOPENED PROCEEDINGS , FOR WHICH AN26
323323 UNEMANCIPATED CHILD IS LISTED IN A PETITION OR MOTION IN THE CASE ,27
324324 SB23-194
325325 -9- AND THE NUMBER OF CHILDREN INVOLVED ;1
326326 (e) T
327327 HE NUMBER OF DOMESTIC RELATIONS CASES IN EACH JUDICIAL2
328328 DISTRICT, BY TYPE, REFERRED TO MEDIATION;3
329329 (f) T
330330 HE NUMBER OF DOMESTIC RELATIONS STATUS CONFERENCES4
331331 AND TIME SPENT BY JUDICIAL OFFICERS IN STATUS CONFERENCES IN EACH5
332332 JUDICIAL DISTRICT; AND6
333333 (g) T
334334 HE NUMBER OF CONTESTED HEARINGS ON PERMANENT7
335335 ORDERS AND TIME SPENT ON THE PERMANENT ORDERS HEARINGS BY8
336336 JUDICIAL OFFICERS IN EACH JUDICIAL DISTRICT .9
337337 (6) (a) O
338338 N OR BEFORE APRIL 30 OF EACH YEAR, THE ADVISORY10
339339 COMMITTEE SHALL DELIVER AN ANNUAL REPORT TO THE CHIEF JUSTICE ,11
340340 THE OFFICE OF THE STATE COURT ADMINISTRATOR , AND THE HOUSE OF12
341341 REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY13
342342 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE ADVISORY14
343343 COMMITTEE'S ANNUAL REPORT AND ANY SUPPORTING DOCUMENTATION IS15
344344 AN OPEN RECORD. THE JUDICIAL DEPARTMENT SHALL PUBLISH A COPY OF16
345345 THE REPORT ON A PUBLICLY AVAILABLE PAGE OF THE DEPARTMENT 'S17
346346 WEBSITE.18
347347 (b) I
348348 N ITS ANNUAL REPORT, THE ADVISORY COMMITTEE MAY MAKE19
349349 RECOMMENDATIONS REGARDING PROCEDURAL CHANGES , SUBSTANTIVE20
350350 CHANGES, OR STATUTORY CHANGES NECESSARY FOR THE EFFICIENT21
351351 ADMINISTRATION OF DOMESTIC RELATIONS CASES , AND ANY RELATED22
352352 CHANGES TO JUDICIAL TRAINING NECESSARY TO IMPLEMENT ANY23
353353 RECOMMENDED CHANGE .24
354354 (c) T
355355 HE ADVISORY COMMITTEE SHA LL INCLUDE IN THE ANNUAL25
356356 REPORT ALL DATA PROVIDED BY THE OFFICE OF THE STATE COURT26
357357 ADMINISTRATOR TO THE ADVISORY COMMITTEE .27
358358 SB23-194
359359 -10- (d) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1
360360 REQUIREMENT TO SUBMIT AN ANNUAL REPORT PURSUANT TO THIS2
361361 SUBSECTION (6) CONTINUES INDEFINITELY.3
362362 (7) I
363363 N CARRYING OUT ITS DUTIES DESCRIBED IN THIS ARTICLE 5.2,4
364364 THE ADVISORY COMMITTEE SHALL SEEK INPUT FROM JUDGES AND5
365365 MAGISTRATES FROM EACH JUDICIAL DISTRICT AND FROM THE STATE COURT6
366366 ADMINISTRATOR'S OFFICE. THE COMMITTEE SHALL SEEK INPUT FROM7
367367 OTHER STAKEHOLDERS ABOUT , OR RELATING TO, THE ISSUES CONSIDERED8
368368 BY THE ADVISORY COMMITTEE , INCLUDING DOMESTIC VIOLENCE; ACCESS9
369369 TO JUSTICE; AND INCLUSION, EQUITY, AND DIVERSITY.10
370370 (8) T
371371 HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.11
372372 B
373373 EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN12
374374 ACCORDANCE WITH SECTION 2-3-1203.13
375375 13-5.2-104. Domestic relations training standards - training14
376376 program - assessment tool - funding - legislative intent. (1) (a) T
377377 HE15
378378 CHIEF JUSTICE SHALL, AFTER COLLABORATING WITH THE ADVISORY16
379379 COMMITTEE, ESTABLISH DOMESTIC RELATIONS TRAINING STANDARDS FOR17
380380 JUDICIAL OFFICERS AND DOMESTIC RELATIONS COURT PERS ONNEL TO18
381381 IMPROVE DECISION-MAKING IN DOMESTIC RELATIONS CASES . THE19
382382 TRAINING STANDARDS MAY INCLUDE STANDARDS FOR INITIAL TRAINING20
383383 AND CONTINUING TRAINING.21
384384 (b) I
385385 F THE CHIEF JUSTICE DOES NOT ESTABLISH TRAINING22
386386 STANDARDS ON OR BEFORE NOVEMBER 30, 2023, THE ADVISORY23
387387 COMMITTEE SHALL ESTABLISH THE TRAINING STANDARDS NO LATER THAN24
388388 D
389389 ECEMBER 31, 2023. IF THE ADVISORY COMMITTEE ESTABLISHES25
390390 TRAINING STANDARDS PURSUANT TO THIS SUBSECTION (1)(b), THE CHIEF26
391391 JUSTICE MAY UPDATE THE STANDARDS AT ANY TIME .27
392392 SB23-194
393393 -11- (2) (a) THE ADVISORY COMMITTEE SHALL DEVELOP A DOMESTIC1
394394 RELATIONS TRAINING PROGRAM THAT SATISFIES THE TRAINING2
395395 STANDARDS ESTABLISHED PURS UANT TO SUBSECTION (1) OF THIS SECTION.3
396396 (b) T
397397 HE TRAINING PROGRAM MUST INCLUDE INITIAL TRAINING AND4
398398 CONTINUING TRAINING. THE INITIAL TRAINING PROGRAM MUST NOT5
399399 EXCEED FORTY HOURS OF INSTRUCTION , INCLUDING ADMINISTRATION OF6
400400 THE ASSESSMENT TOOL DESCRIBED IN SUBSECTION (5) OF THIS SECTION OR7
401401 ANY EXAMINATION. A CONTINUING TRAINING PROGRAM MUST NOT EXCEED8
402402 EIGHT HOURS OF INSTRUCTION , INCLUDING ADMINISTRATION OF THE9
403403 ASSESSMENT TOOL OR ANY EXAMINATION .10
404404 (c) T
405405 HE COURSES IN THE PROGRAM MUST BE DESIGNED TO PERMIT11
406406 REMOTE PARTICIPATION.12
407407 (d) T
408408 HE ADVISORY COMMITTEE SHALL DEVELOP AND FINALIZE THE13
409409 TRAINING PROGRAM NO LATER THAN MARCH 31, 2024. THE ADVISORY14
410410 COMMITTEE MAY PERIODICALLY , BUT NO MORE FREQUENTLY THAN15
411411 ANNUALLY, REVISE THE TRAINING PROGRAM.16
412412 (3) (a) B
413413 EGINNING NO LATER THAN JULY 1, 2024, THE STATE17
414414 COURT ADMINISTRATOR SHALL PROVIDE THE INITIAL TRAINING PROGRAM18
415415 ON A SCHEDULE SUFFICIENT TO MAXIMIZE PARTICIPATION BY DISTRICT19
416416 COURT JUDICIAL OFFICERS AND DOMESTIC RELATIONS COURT PERSONNEL .20
417417 B
418418 EGINNING NO LATER THAN JULY 1, 2025, THE STATE COURT21
419419 ADMINISTRATOR SHALL PROVIDE A CONTINUING TRAINING PROGRAM . THE22
420420 STATE COURT ADMINISTRATOR MAY PROVIDE THE TRAINING OR MAY23
421421 CONTRACT WITH A THIRD PARTY TO PROVIDE THE TRAINING .24
422422 (b) (I) A
423423 N INSTRUCTOR FOR ANY SESSION OF A TRAINING PROGRAM25
424424 MUST BE AN EXPERIENCED DOMESTIC RELATIONS ATTORNEY OR ADJUNCT26
425425 PROFESSIONAL. AN INSTRUCTOR IS NOT COMPENSATED FOR PROVIDING27
426426 SB23-194
427427 -12- INSTRUCTION, EXCEPT WHEN THE STATE COURT ADMINISTRATOR1
428428 DETERMINES THAT APPROPRIATE INSTRUCTION ON A SUBJECT IS NOT2
429429 AVAILABLE WITHOUT PROVIDING COMPENSATION TO AN INSTRUCTOR . THE3
430430 STATE COURT ADMINISTRATOR SHALL REIMBURSE INSTRUCTORS FOR4
431431 REASONABLE EXPENSES INCURRED FOR CONDUCTING THE TRAINING .5
432432 (II) A
433433 STATEMENT MADE BY A PARTICIPANT OR AN INSTRUCTOR IN6
434434 A DOMESTIC RELATIONS JUDICIAL TRAINING PROGRAM SHALL NOT BE USED7
435435 TO IMPEACH, CROSS-EXAMINE, OR DISQUALIFY THE PARTICIPANT OR8
436436 INSTRUCTOR IN ANY SUBSEQUENT COURT PROCEEDING .9
437437 (c) U
438438 NLESS THE CHIEF JUSTICE REQUIRES IN-PERSON ATTENDANCE,10
439439 THE STATE COURT ADMINISTRATOR SHALL PERMIT REMOTE PARTICIPATION11
440440 IN THE TRAINING PROGRAM.12
441441 (d) T
442442 HE STATE COURT ADMINISTRATOR SHALL COORDINATE WITH13
443443 THE ADVISORY COMMITTEE TO ESTABL ISH AN ONGOING REVIEW PROCESS14
444444 TO MEASURE OUTCOMES OF THE TRAINING PROGRAM .15
445445 (4) T
446446 HE GENERAL ASSEMBLY STRONGLY RECOMMENDS THAT THE16
447447 TRAINING STANDARDS AND TRAINING PROGRAM INCLUDE THE FOLLOWING17
448448 SUBJECTS:18
449449 (a) P
450450 ARENTING ISSUES, INCLUDING CHILD DEVELOPMENT; HEALTH19
451451 ISSUES THAT MAY PRESENT CHALLENGES TO CHILD EDUCATION , SUCH AS20
452452 ATTENTION-DEFICIT/HYPERACTIVITY DISORDER, DYSLEXIA, AND AUTISM21
453453 SPECTRUM DISORDERS; MENTAL AND PHYSICAL HEALTH CHALLENGES THAT22
454454 IMPACT FAMILIES, INCLUDING TRAUMA, ABUSE, POST-TRAUMATIC STRESS,23
455455 CHRONIC ILLNESS, DEPRESSION, MENTAL HEALTH ISSUES, PERSONALITY24
456456 DISORDERS, AND ADDICTION; DOMESTIC VIOLENCE, INCLUDING COERCIVE25
457457 CONTROL AND ITS TRAUMATIC EFFECTS , AND PARENTING STYLES26
458458 INVOLVING ABUSIVE CONDUCT; EMOTIONAL ISSUES THAT MAY AFFECT THE27
459459 SB23-194
460460 -13- WELL-BEING OF CHILDREN AND FAMILY RELATIONS ; CHILD RESISTANCE TO1
461461 AND REFUSAL OF PARENTING TIME , ESTRANGEMENT, AND OTHER2
462462 PSYCHOLOGICAL ISSUES THAT MAY ARISE IN FAMILIES UNDERGOING3
463463 TRANSITIONS; PARENTING STYLES AND THEIR IMPACT ON CHILDREN ;4
464464 IDENTIFICATION AND MANAGEMENT OF FAMILY CONFLICT ;5
465465 AGE-APPROPRIATE PARENTING PLANS; CULTURALLY SENSITIVE PARENTING6
466466 PLANS; THERAPY MODALITIES; AND THE CHALLENGES OF RELOCATION ;7
467467 (b) D
468468 IVISION OF PROPERTY, INCLUDING BUSINESS VALUATION; THE8
469469 FEDERAL "EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974", 299
470470 U.S.C.
471471 SEC. 1001 ET SEQ., AND THE VALUATION AND DIVISION OF10
472472 RETIREMENT ASSETS; TRUST LAW AS APPLICABLE TO DISSOLUTION OF11
473473 MARRIAGE CASES; VALUATION AND DIVISION OF REAL ESTATE; PARTITION;12
474474 IMPACT OF BANKRUPTCY ON DISSOLUTION OF MARRIAGE CASES ;13
475475 IDENTIFICATION OF PROPERTY INTERESTS INVOLVING COMPENSATION14
476476 SCHEMES; IDENTIFICATION AND VALUATION OF PRIVATE EQUITY15
477477 INVESTMENTS; AND TAX IMPLICATIONS OF COMMONLY HELD ASSETS ;16
478478 (c) C
479479 HILD SUPPORT AND MAINTENANCE , INCLUDING HOW TO17
480480 IDENTIFY INCOME; UNDEREMPLOYMENT ; REASONABLE AND ORDINARY18
481481 BUSINESS EXPENSES; IN-KIND BENEFITS; AND STATUTORY DEFINITIONS OF19
482482 INCOME AND EXPENSES; AND20
483483 (d) J
484484 UDICIAL ADMINISTRATION, INCLUDING STANDARDS FOR CASE21
485485 MANAGEMENT CONSISTENT WITH THE COLORADO RULES OF CIVIL22
486486 PROCEDURE APPLICABLE TO DOMESTIC RELATIONS CASES ; THE ADVERSE23
487487 IMPACTS OF INCONSISTENT , PROTRACTED, OR EXCESSIVELY HOSTILE24
488488 JUDICIAL PROCEEDINGS ON THE EMOTIONAL WELL -BEING OF PARTIES AND25
489489 CHILDREN; CULTURAL IMPEDIMENTS TO EQUITABLE PARTICIPATION IN26
490490 JUDICIAL PROCEEDINGS; THE IMPACT OF CONSTRAINTS ON FINANCIAL27
491491 SB23-194
492492 -14- RESOURCES ON THE ABILITY TO PARTICIPATE IN JUDICIAL PROCEEDINGS ;1
493493 AND THE EFFECT OF JUDICIAL PROCEEDINGS ON THE INTEGRITY OF FAMILY2
494494 PROCESSES.3
495495 (5) (a) T
496496 O ASSESS THE EFFICACY OF THE TRAINING PROGRAM , THE4
497497 STATE COURT ADMINISTRATOR SHALL DEVELOP A COMPREHENSIVE5
498498 WRITTEN ASSESSMENT TOOL DESIGNED TO DETERMINE IF THE PROGRAM IS6
499499 PROVIDING EFFECTIVE TRAINING TO ATTENDEES . IN DEVELOPING THE7
500500 ASSESSMENT TOOL, THE STATE COURT ADMINISTRATOR SHALL CONSULT8
501501 WITH THE ADVISORY COMMITTEE AND PROFESSIONAL ASSOCIATIONS OF9
502502 ATTORNEYS WHO WORK ON DOMESTIC RELATIONS CASES , INCLUDING THE10
503503 A
504504 MERICAN ACADEMY OF MATRIMONIAL LAWYERS AND RELEVANT11
505505 SECTIONS AND COMMITTEES OF THE COLORADO BAR ASSOCIATION .12
506506 (b) T
507507 HE STATE COURT ADMINISTRATOR SHALL ADMINISTER THE13
508508 ASSESSMENT TOOL AT THE CONCLUSION OF AN INITIAL TRAINING PROGRAM14
509509 OR CONTINUING TRAINING PROGRAM TO EACH ATTENDEE . THE15
510510 ASSESSMENT TOOL MUST BE ADMINISTERED ON AN OPEN -BOOK BASIS, TO16
511511 FAMILIARIZE ATTENDEES WITH SUPPLEMENTAL RESOURCES .17
512512 (c) (I) U
513513 PON REQUEST FROM A JUDICIAL OFFICER OR PRIVATE18
514514 ATTORNEY, THE STATE COURT ADMINISTRATOR SHALL PROVIDE THE19
515515 OFFICER OR ATTORNEY WITH THE OFFICER 'S OR ATTORNEY 'S20
516516 INDIVIDUALIZED ASSESSMENT RESULTS . THE STATE COURT21
517517 ADMINISTRATOR SHALL NOT RELEASE INDIVIDUALIZED RESULTS TO ANY22
518518 PERSON OTHER THAN THE PERSON WHO COMPLETED THE ASSESSMENT ;23
519519 EXCEPT THAT UPON REQUEST OF A PRIVATE ATTORNEY , THE STATE COURT24
520520 ADMINISTRATOR MAY PROVIDE THE ATTORNEY 'S INDIVIDUALIZED25
521521 ASSESSMENT RESULTS TO A THIRD PARTY .26
522522 (II) T
523523 HE STATE COURT ADMINISTRATOR SHALL REPORT27
524524 SB23-194
525525 -15- AGGREGATE RESULTS , WITHOUT INDIVIDUALLY IDENTIFIABLE1
526526 INFORMATION, FROM THE ASSESSMENT TOOL TO THE ADVISORY2
527527 COMMITTEE IN ORDER TO HELP THE ADVISORY COMMITTEE IDENTIFY3
528528 AREAS REQUIRING IMPROVED EDUCATION AND TRAINING . THE AGGREGATE4
529529 RESULTS MUST BE DISAGGREGATED BY ASSESSMENTS COMPLETED BY5
530530 JUDICIAL OFFERS AND ASSESSMENTS COMPLETED BY PRIVATE ATTORNEYS .6
531531 T
532532 HE STATE COURT ADMINISTRATOR AND THE ADVISORY COMMITTEE SHALL7
533533 NOT PUBLICLY RELEASE THE AGGREGATE RESULTS ; EXCEPT THAT, UPON8
534534 DIRECTION FROM THE CHIEF JUSTICE, THE ADMINISTRATOR OR COMMITTEE9
535535 SHALL PUBLICLY RELEASE THE AGGREGATE RESULTS OF ASSESSMENTS10
536536 COMPLETED BY JUDICIAL OFFICERS.11
537537 (6) (a) F
538538 OR STATE FISCAL YEAR 2023-24, THE GENERAL ASSEMBLY12
539539 SHALL APPROPRIATE MONEY NECESSARY FOR THE ESTABLISHMENT OF THE13
540540 TRAINING STANDARDS AND DEVELOPMENT OF THE TRAINING PROGRAM .14
541541 (b) B
542542 EGINNING WITH ITS BUDGET REQUEST FOR STATE FISCAL YEAR15
543543 2024-25,
544544 AND IN ITS BUDGET REQUEST FOR EACH FISCAL YEAR16
545545 THEREAFTER, THE JUDICIAL DEPARTMENT SHALL INCLUDE IN ITS REQUEST17
546546 THE AMOUNT OF FUNDING NECESSARY TO ENSURE THAT ALL JUDICIAL18
547547 OFFICERS ASSIGNED TO A DEDICATED DOMESTIC RELATIONS DOCKET OR19
548548 WHO REGULARLY PRESIDE OVER DOMESTIC RELATIONS CASES AND ALL20
549549 DOMESTIC RELATIONS COURT PERSONNEL MAY ATTEND THE TRAINING21
550550 PROGRAM AT NO COST TO THE ATTENDEE OR ANY JUDICIAL DISTRICT .22
551551 13-5.2-105. Training study - repeal. (1) T
552552 HE STATE COURT23
553553 ADMINISTRATOR SHALL STUDY STRATEGIES FOR INCREASING24
554554 OPPORTUNITIES FOR JUDICIAL OFFICERS TO ATTEND AT LEAST THE25
555555 EQUIVALENT OF ONE FULL DAY OF DOMESTIC RELATIONS JUDICIAL26
556556 TRAINING IN EACH CALENDAR YEAR . AS PART OF THE STUDY, THE STATE27
557557 SB23-194
558558 -16- COURT ADMINISTRATOR SHALL IDENTIFY BARRIERS , INCLUDING1
559559 WORKLOAD, SCHEDULING, AND OTHER TIME CONSTRAINTS, THAT INHIBIT2
560560 JUDICIAL OFFICERS, INCLUDING NEWLY APPOINTED JUDICIAL OFFICERS ,3
561561 FROM ATTENDING DOMESTIC RELATIONS JUDICIAL TRAINING , AND4
562562 POTENTIAL REMEDIES FOR OVERCOMING IDENTIFIED BARRIERS .5
563563 (2) N
564564 O LATER THAN DECEMBER 31, 2023, THE STATE COURT6
565565 ADMINISTRATOR SHALL COMPLETE THE STUDY AND DELIVER THE RESULTS7
566566 OF THE STUDY TO THE CHIEF JUSTICE.8
567567 (3) T
568568 HIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2024.9
569569 SECTION 3. In Colorado Revised Statutes, 2-3-1203, add10
570570 (18.5)(a)(IV) as follows:11
571571 2-3-1203. Sunset review of advisory committees - legislative12
572572 declaration - definition - repeal.13
573573 (18.5) (a) The following statutory authorizations for the14
574574 designated advisory committees will repeal on September 1, 2027:15
575575 (IV) T
576576 HE DOMESTIC RELATIONS JUDICIAL TRAINING ADVISORY16
577577 COMMITTEE ESTABLISHED IN SECTION 13-5.2-103.17
578578 SECTION 4. In Colorado Revised Statutes, 26-7-105, amend18
579579 (2)(a) as follows:19
580580 26-7-105. Eligibility for adoption benefits. (2) The following20
581581 conditions must be present at the time the eligible child or youth was21
582582 placed for adoption; except that a child or youth who meets the medical22
583583 and disability requirements for federal supplemental security income does23
584584 not need to meet the additional conditions:24
585585 (a) The eligible child or youth was in the custody of a county25
586586 department, a person to whom the custody of the child has been given by26
587587 proper order of a dependency and neglect court, or a nonprofit child27
588588 SB23-194
589589 -17- placement agency, and THE ELIGIBLE CHILD OR YOUTH is legally available1
590590 for adoption
591591 OR HAS BEEN LEGALLY AVAILABLE FOR ADOPTION WITHIN2
592592 NINETY DAYS BEFORE THE APPLICATION FOR THE ADOPTION BENEFITS ,3
593593 including the resolution of all appeals; and4
594594 SECTION 5. Act subject to petition - effective date. This act5
595595 takes effect at 12:01 a.m. on the day following the expiration of the6
596596 ninety-day period after final adjournment of the general assembly; except7
597597 that, if a referendum petition is filed pursuant to section 1 (3) of article V8
598598 of the state constitution against this act or an item, section, or part of this9
599599 act within such period, then the act, item, section, or part will not take10
600600 effect unless approved by the people at the general election to be held in11
601601 November 2024 and, in such case, will take effect on the date of the12
602602 official declaration of the vote thereon by the governor.13
603603 SB23-194
604604 -18-