First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0225.03 Conrad Imel x2313
SENATE BILL 23-194
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPR OVE THE ADMINISTRATION OF101
DOMESTIC RELATIONS PROCEEDINGS .102
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
.)
The bill establishes a domestic relations judicial training advisory
committee (advisory committee) to develop a domestic relations training
program (training program) for judges, magistrates, and court personnel
to improve decision-making in domestic relations cases. In carrying out
its duties, the advisory committee shall seek input from judges and
magistrates from each judicial district, the state court administrator's
SENATE SPONSORSHIP
Hansen,
HOUSE SPONSORSHIP
Amabile and Joseph,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. office, and other stakeholders. The advisory committee is repealed
September 1, 2027, and is subject to a sunset review prior to its repeal.
The training program must satisfy training standards established
by the chief justice of the Colorado supreme court (chief justice). The
state court administrator must begin providing the training program no
later than July 1, 2024, and may contract with a third party to provide the
training. The training program must include both initial training and
continuing training. The bill requires the general assembly to fund
development of the training program and requires the judicial department
to include in its annual budget request an amount necessary to ensure that
judicial officers who hear domestic relations cases and domestic relations
court personnel may attend the training program at no cost.
The bill requires the advisory committee to collaborate with the
chief justice and state court administrator on the development of the
training standards. If the chief justice does not establish training standards
by November 30, 2023, the advisory committee establishes the standards.
The state court administrator shall coordinate with the advisory
committee to a establish an ongoing review process to measure outcomes
of the training program. The bill requires the state court administrator to
study strategies for increasing opportunities for judicial officers to attend
domestic relations judicial training.
The general assembly encourages the chief justice and the chief
judges of each judicial district to establish dedicated domestic relations
dockets in each district and to assign to those dockets judges, magistrates,
and court personnel who have completed the training program. The
general assembly further encourages each judicial district nominating
commission and the governor, when nominating and appointing
replacements for domestic relations judges, to consider candidates who
have substantial experience in domestic relations litigation, have attended
the domestic relations program as a private attorney, and who
demonstrate willingness to serve on a domestic relations docket.
Under existing law, a child or youth who has special needs that
create a barrier to the child or youth's adoption is eligible for adoption
benefits. To be eligible for adoption benefits, the child or youth must be
legally available for adoption. The bill expands this requirement to make
a child or youth eligible for adoption benefits if the child or youth has
been legally available for adoption within 90 days before the application
for the benefits.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
SB23-194-2- (a) Parties to a dissolution of marriage often present issues to1
courts that are complex and require the help of educated domestic2
relations court personnel, including judges and magistrates, to resolve3
those issues; and4
(b) In many cases, the future health of parties involved in5
domestic relations cases, including children and the community at large,6
depends on the existence of a judicial system in which all domestic7
relations court personnel are trained in all aspects of family law, family8
systems, child development, and relevant mental health issues.9
(2) Therefore, the general assembly declares that all domestic10
relations court personnel, including judges and magistrates, should11
receive comprehensive and ongoing training before and during the time12
in which they hear or participate in domestic relations cases.13
SECTION 2. In Colorado Revised Statutes, add article 5.2 to title14
13 as follows:15
ARTICLE 5.216
Domestic Relations Judicial Training17
13-5.2-101. Legislative intent. (1) I
T IS THE INTENT OF THE18
GENERAL ASSEMBLY IN ENACTING THIS ARTICLE 5.2 TO:19
(a) P
ROMOTE INFORMED AND COMPASSIONATE DECISION -MAKING20
FOR PARTIES INVOLVED IN DOMESTIC RELATIONS CASES BY PROVIDING21
TRAINING REGARDING ALL ASPECTS OF DOMESTIC RELATIONS LAW FOR ALL22
JUDGES AND MAGISTRATES SERVING COLORADO FAMILIES;23
(b) E
NSURE THAT COLORADO'S JUDICIAL PROCESS IS ACCESSIBLE24
AND RESPONSIVE TO ALL PARTICIPANTS IN DOMESTIC RELATIONS CASES ,25
INCLUDING SELF-REPRESENTED LITIGANTS AND CHILDREN ; AND26
(c) I
MPLEMENT A TRAINING PROGRAM FOR DOMESTIC RELATIONS27
SB23-194
-3- PROFESSIONALS, INCLUDING JUDGES, MAGISTRATES, COURT PERSONNEL,1
AND PRIVATE ATTORNEYS.2
(2) T
HE GENERAL ASSEMBLY STRONGLY ENCOURAGES THE CHIEF3
JUSTICE OF THE COLORADO SUPREME COURT AND THE CHIEF JUDGE OF4
EACH JUDICIAL DISTRICT, PURSUANT TO THE AUTHORITY GRANTED TO5
THEM IN ARTICLE VI, SECTION 5 OF THE STATE CONSTITUTION, TO:6
(a) E
STABLISH A DEDICATED DOCKET IN EACH JUDICIAL DISTRICT7
TO HEAR DOMESTIC RELATIONS CASES ;8
(b) A
SSIGN ONLY JUDGES WHO HAVE A TTENDED THE DOMESTIC9
RELATIONS TRAINING PROGRAM ESTABLISHED IN SECTION 13-5.2-104 TO10
THE DEDICATED DOMESTIC RELATIONS DOCKET ; AND11
(c) R
EQUIRE ALL COURT PERSONNEL WHO ARE ASSIGNED TO THE12
DEDICATED DOMESTIC RELATIONS DOCKET TO ATTEND THE DOMESTIC13
RELATIONS TRAINING PROGRAM .14
(3) T
HE GENERAL ASSEMBLY ENCOURAGES THE CHIEF JUSTICE OF15
THE COLORADO SUPREME COURT TO CONVENE A DOMESTIC RELATIONS16
JUDICIAL OFFICERS' CONFERENCE AT LEAST ANNUALLY TO ENCOURAGE17
UNIFORM PRACTICES OF JUDICIAL ADMINISTRATION , LEGAL18
INTERPRETATION, AND LEGAL ANALYSIS IN THE AREA OF DOMESTIC19
RELATIONS, AND TO FOSTER JUDICIAL COLLEGIALITY.20
(4) T
HE GENERAL ASSEMBLY FURTHER ENCOURAGES EACH21
JUDICIAL DISTRICT NOMINATING COMMISSION AND THE GOVERNOR , WHEN22
NOMINATING AND APPOINTING A REPLACEMENT FOR A DISTRICT JUDGE23
WHO WAS ASSIGNED TO A DEDICATED DOMESTIC RELATIONS DOCKET , TO24
CONSIDER CANDIDATES WHO HAVE SUBSTANTIAL EXPERIENCE IN25
DOMESTIC RELATIONS LITIGATION , HAVE ATTENDED THE DOMESTIC26
RELATIONS PROGRAM AS A PRIVATE ATTORNEY , AND DEMONSTRATE27
SB23-194
-4- WILLINGNESS TO SERVE ON A DOMESTIC RELATIONS DOCKET .1
13-5.2-102. Definitions. A
S USED IN THIS ARTICLE 5.2, UNLESS2
THE CONTEXT OTHERWISE REQUIRES :3
(1) "A
DJUNCT PROFESSIONAL" MEANS A PROFESSIONAL WITH4
EXPERIENCE ASSISTING COURTS IN DOMESTIC RELATIONS CASES . ADJUNCT5
PROFESSIONALS INCLUDE SPECIAL MASTERS , DISCOVERY MASTERS ,6
PSYCHOLOGISTS, ACCOUNTANTS, CHILD SPECIALISTS, MEDIATORS, AND7
OTHER PROFESSIONALS. FOR PROFESSIONS FOR WHICH COLORADO LAW8
REQUIRES LICENSURE, "ADJUNCT PROFESSIONAL " ONLY INCLUDES A9
PERSON IN GOOD STANDING IN THE PERSON 'S PROFESSION.10
(2) "A
DVISORY COMMITTEE" MEANS THE DOMESTIC RELATIONS11
JUDICIAL TRAINING ADVISORY COMMITTEE ESTABLISHED IN SECTION12
13-5.2-103.13
(3) "C
HIEF JUSTICE" MEANS THE CHIEF JUSTICE OF THE COLORADO14
SUPREME COURT.15
(4) "D
OMESTIC RELATIONS CASE" MEANS:16
(a) A
N ACTION, INCLUDING THE FILING OF A COMPLAINT, PETITION,17
WRIT, OR MOTION WITH A COURT, BROUGHT PURSUANT TO TITLE 14;18
(b) A
PROCEEDING COMMENCED PURSUANT TO THE "UNIFORM19
P
ARENTAGE ACT", ARTICLE 4 OF TITLE 19;20
(c) A
PROCEEDING COMMENCED PURSUANT TO THE "COLORADO21
S
URROGACY AGREEMENT ACT", ARTICLE 4.5 OF TITLE 19; AND22
(d) A
N ACTION OR PETITION TO ESTABLISH CHILD SUPPORT23
BROUGHT PURSUANT TO ARTICLE 6 OF TITLE 19.24
(5) "D
OMESTIC RELATIONS COURT PERSONNEL " MEANS A JUDICIAL25
DEPARTMENT OR JUDICIAL DISTRICT EMPLOYEE ASSIGNED TO WORK ON26
DOMESTIC RELATIONS CASES IN A JUDICIAL DISTRICT OR A PERSON WHO27
SB23-194
-5- WORKS ON DOMESTIC RELATIONS CASES IN A JUDICIAL DISTRICT PURSUANT1
TO A CONTRACT WITH THE JUDICIAL DEPARTMENT OR JUDICIAL DISTRICT .2
"D
OMESTIC RELATIONS COURT PERSONNEL " INCLUDES, BUT IS NOT LIMITED3
TO, A COURT CLERK, FAMILY COURT FACILITATOR , SPECIAL MASTER,4
MEDIATOR, AND SELF-REPRESENTED LITIGANT AIDE OR COORDINATOR .5
"D
OMESTIC RELATIONS COURT PERSONNEL " DOES NOT INCLUDE A JUDICIAL6
OFFICER.7
(6) "J
UDICIAL OFFICER" MEANS A COLORADO SUPREME COURT8
JUSTICE OR JUDGE, INCLUDING A JUSTICE OR JUDGE SERVING ON SENIOR9
BASIS, OR A MAGISTRATE.10
(7) "S
TATE COURT ADMINISTRATOR " MEANS THE STATE COURT11
ADMINISTRATOR ESTABLISHED PURSUANT TO SECTION 13-3-101.12
(8) "T
RAINING PROGRAM" MEANS THE DOMESTIC RELATIONS13
TRAINING PROGRAM ESTABLISHED PURSUANT TO SECTION 13-5.2-104.14
(9) "T
RAINING PROVIDER" MEANS AN ENTITY THAT PROVIDES A15
TRAINING PROGRAM, INCLUDING A THIRD-PARTY PROVIDER THAT HAS16
ENTERED INTO AN AGREEMENT TO PROVIDE DOMESTIC RELATIONS17
TRAINING AS DESCRIBED IN SECTION 13-5.2-104 (3).18
(10) "T
RAINING STANDARDS" MEANS THE DOMESTIC RELATIONS19
TRAINING STANDARDS ADOPTED PURSUANT TO SECTION 13-5.2-104 (1).20
13-5.2-103. Domestic relations judicial training advisory21
committee - reports - court data - legislative intent - sunset review -22
repeal. (1) T
HERE IS ESTABLISHED IN THE OFFICE OF THE STATE COURT23
ADMINISTRATOR A DOMESTIC RELATIONS JUDICIAL TRAINING ADVISORY24
COMMITTEE TO DEVELOP THE TRAINING PROGRAM , AS DESCRIBED IN25
SECTION 13-5.2-104 (2), AND TO ADVISE AND COLLABORATE WITH THE26
CHIEF JUSTICE AND STATE COURT ADMINISTRATOR ABOUT ONGOING27
SB23-194
-6- TRAINING AND STANDARDS FOR JUDICIAL OFFICERS AND DOMESTIC1
RELATIONS COURT PERSONNEL , THE EFFICIENCY OF COURT PROCESSES2
WITHIN DOMESTIC RELATIONS DOCKETS , AND ALL ASPECTS REGARDING3
THE EFFICACY OF COLORADO'S DOMESTIC RELATIONS COURTS.4
(2) (a) T
HE ADVISORY COMMITTEE CONSISTS OF SEVEN MEMBERS ,5
AS FOLLOWS:6
(I) O
NE MEMBER FROM THE ADMINISTRATIVE MANAGEMENT OF7
THE JUDICIAL DEPARTMENT, APPOINTED BY THE CHIEF JUSTICE;8
(II) O
NE DISTRICT JUDGE WITH EXPERIENCE PRESIDING OVER9
DOMESTIC RELATIONS CASES, APPOINTED BY THE CHIEF JUSTICE;10
(III) O
NE ACTIVELY PRACTICING MENTAL HEALTH PROFESSIONAL11
WITH TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC12
RELATIONS CASES, APPOINTED BY THE CHIEF JUSTICE FROM AMONG13
CANDIDATES RECOMMENDED BY THE FAMILY LAW SECTION OF THE14
C
OLORADO BAR ASSOCIATION ;15
(IV) T
WO ATTORNEYS LICENSED TO PRACTICE LAW IN COLORADO,16
APPOINTED BY THE EXECUTIVE COUNCIL OF THE FAMILY LAW SECTION OF17
THE COLORADO BAR ASSOCIATION ;18
(V) O
NE ACTIVELY PRACTICING FINANCIAL PROFESSIONAL WITH19
TESTIMONIAL OR DISPUTE RESOLUTION PRACTICE IN DOMESTIC RELATIONS20
CASES, APPOINTED BY THE CHIEF JUSTICE FROM AMONG CANDIDATES21
RECOMMENDED BY THE FAMILY LAW SECTION OF THE COLORADO BAR22
ASSOCIATION; AND23
(VI) T
HE CHIEF JUSTICE OR THE CHIEF JUSTICE'S DESIGNEE.24
(b) T
HE CHIEF JUSTICE, OR THE CHIEF JUSTICE'S DESIGNEE, IS THE25
CHAIR OF THE ADVISORY COMMITTEE . THE CHAIR MAY NOT VOTE ON26
QUESTIONS BEFORE THE COMMITTEE ; EXCEPT THAT THE CHAIR MAY VOTE27
SB23-194
-7- IN THE CASE OF A TIE ON ANY QUESTION VOTED ON BY THE ADVISORY1
COMMITTEE.2
(c) I
N MAKING APPOINTMENTS TO THE ADVISORY COMMITTEE , THE3
APPOINTING AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE4
ADVISORY COMMITTEE REFLECTS TH E CULTURAL AND GEOGRAPHIC5
DIVERSITY OF THE STATE.6
(d) E
ACH MEMBER OF THE ADVISORY COMMITTEE SERVES AT THE7
PLEASURE OF THE APPOINTING AUTHORITY . THE TERM OF APPOINTMENT IS8
TWO YEARS; EXCEPT THAT THE INITIAL TERM OF EACH MEMBER INITIALLY9
APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(II) AND (2)(a)(III) OF THIS10
SECTION AND ONE MEMBER APPOINTED PURSUANT TO SUBSECTION11
(2)(a)(IV)
OF THIS SECTION IS THREE YEARS. WHEN MAKING ITS INITIAL12
APPOINTMENTS PURSUANT TO SUBSECTION (2)(a)(IV) OF THIS SECTION,13
THE EXECUTIVE COUNCIL OF THE FAMILY LAW SECTION OF THE COLORADO14
BAR ASSOCIATION SHALL DESIGNATE THE MEMBER APPOINTED TO THE15
THREE-YEAR TERM DESCRIBED IN THIS SUBSECTION (2)(d).16
(e) E
ACH MEMBER OF THE ADVISORY COMMITTEE SERVES WIT HOUT17
COMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FOR18
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF19
THE MEMBER'S DUTIES. THE CHIEF JUSTICE SHALL ADOPT GUIDELINES20
GOVERNING EXPENSE REIMBURSEMENT .21
(3) T
HE CHIEF JUSTICE SHALL CONVENE THE FIRST MEETING OF THE22
ADVISORY COMMITTEE ON OR BEFORE SEPTEMBER 30, 2023. AFTER THE23
FIRST MEETING, THE ADVISORY COMMITTEE MUST MEET AT LEAST24
MONTHLY. THE ADVISORY COMMITTEE SHALL ALLOW COMMITTEE25
MEMBERS TO ATTEND MEETINGS REMOTELY .26
(4) T
HE STATE COURT ADMINISTRATOR SHALL ASSIGN ONE27
SB23-194
-8- ADMINISTRATIVE SUPPORT STAFF MEMBER TO FACILITATE THE WORK OF1
THE ADVISORY COMMITTEE .2
(5) T
HE OFFICE OF THE STATE COURT ADMINISTRATOR SHALL3
PROVIDE THE FOLLOWING DATA TO THE ADVISORY COMMITTEE ON OR4
BEFORE JULY 1, 2024, AND ANNUALLY THEREAFTER :5
(a) T
HE NUMBER OF DOMESTIC RELATIONS CASES IN EACH JUDICIAL6
DISTRICT AND THE NUMBER OF DOMESTIC RELATIONS CASES AS A7
PERCENTAGE OF THE TOTAL NUMBER OF CASES IN EACH DISTRICT ;8
(b) T
HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT IN WHICH9
A PARTY SEEKS TO REOPEN A CLOSED DOMESTIC RELATIONS CASE ;10
(c) T
HE STATUS OF REPRESENTATION FOR PARTIES IN DOMESTIC11
RELATIONS CASES IN EACH JUDICIAL DISTRICT, INCLUDING:12
(I) T
HE NUMBER OF CASES IN WHICH BOTH PARTIES WERE13
REPRESENTED BY COUNSEL AT THE COMMENCEMENT OF THE CASE AND THE14
NUMBER OF CASES IN WHICH ONLY ONE PARTY WAS REPRESENTED BY15
COUNSEL AT THE COMMENCEMENT OF THE CASE ;16
(II) T
HE NUMBER OF CASES IN WHICH THERE WAS A SUBSEQUENT17
ENTRY OF APPEARANCE BY COUNSEL IN A CASE IN WHICH ONE OR BOTH18
PARTIES PROCEEDED WITHOUT REPRESENTATION BY COUNSEL AT THE19
COMMENCEMENT OF THE CASE ;20
(III) T
HE NUMBER OF CASES IN WHICH THERE WAS A WITHDRAWAL21
BY COUNSEL; AND22
(IV) T
HE NUMBER OF CASES IN WHICH AN ATTORNEY WAS NOT23
COUNSEL OF RECORD BUT PROVIDED SERVICES TO A PARTY TO THE CASE ;24
(d) T
HE NUMBER OF CASES IN EACH JUDICIAL DISTRICT, INCLUDING25
BOTH INITIAL FILINGS AND REOPENED PROCEEDINGS , FOR WHICH AN26
UNEMANCIPATED CHILD IS LISTED IN A PETITION OR MOTION IN THE CASE ,27
SB23-194
-9- AND THE NUMBER OF CHILDREN INVOLVED ;1
(e) T
HE NUMBER OF DOMESTIC RELATIONS CASES IN EACH JUDICIAL2
DISTRICT, BY TYPE, REFERRED TO MEDIATION;3
(f) T
HE NUMBER OF DOMESTIC RELATIONS STATUS CONFERENCES4
AND TIME SPENT BY JUDICIAL OFFICERS IN STATUS CONFERENCES IN EACH5
JUDICIAL DISTRICT; AND6
(g) T
HE NUMBER OF CONTESTED HEARINGS ON PERMANENT7
ORDERS AND TIME SPENT ON THE PERMANENT ORDERS HEARINGS BY8
JUDICIAL OFFICERS IN EACH JUDICIAL DISTRICT .9
(6) (a) O
N OR BEFORE APRIL 30 OF EACH YEAR, THE ADVISORY10
COMMITTEE SHALL DELIVER AN ANNUAL REPORT TO THE CHIEF JUSTICE ,11
THE OFFICE OF THE STATE COURT ADMINISTRATOR , AND THE HOUSE OF12
REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE JUDICIARY13
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE ADVISORY14
COMMITTEE'S ANNUAL REPORT AND ANY SUPPORTING DOCUMENTATION IS15
AN OPEN RECORD. THE JUDICIAL DEPARTMENT SHALL PUBLISH A COPY OF16
THE REPORT ON A PUBLICLY AVAILABLE PAGE OF THE DEPARTMENT 'S17
WEBSITE.18
(b) I
N ITS ANNUAL REPORT, THE ADVISORY COMMITTEE MAY MAKE19
RECOMMENDATIONS REGARDING PROCEDURAL CHANGES , SUBSTANTIVE20
CHANGES, OR STATUTORY CHANGES NECESSARY FOR THE EFFICIENT21
ADMINISTRATION OF DOMESTIC RELATIONS CASES , AND ANY RELATED22
CHANGES TO JUDICIAL TRAINING NECESSARY TO IMPLEMENT ANY23
RECOMMENDED CHANGE .24
(c) T
HE ADVISORY COMMITTEE SHA LL INCLUDE IN THE ANNUAL25
REPORT ALL DATA PROVIDED BY THE OFFICE OF THE STATE COURT26
ADMINISTRATOR TO THE ADVISORY COMMITTEE .27
SB23-194
-10- (d) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1
REQUIREMENT TO SUBMIT AN ANNUAL REPORT PURSUANT TO THIS2
SUBSECTION (6) CONTINUES INDEFINITELY.3
(7) I
N CARRYING OUT ITS DUTIES DESCRIBED IN THIS ARTICLE 5.2,4
THE ADVISORY COMMITTEE SHALL SEEK INPUT FROM JUDGES AND5
MAGISTRATES FROM EACH JUDICIAL DISTRICT AND FROM THE STATE COURT6
ADMINISTRATOR'S OFFICE. THE COMMITTEE SHALL SEEK INPUT FROM7
OTHER STAKEHOLDERS ABOUT , OR RELATING TO, THE ISSUES CONSIDERED8
BY THE ADVISORY COMMITTEE , INCLUDING DOMESTIC VIOLENCE; ACCESS9
TO JUSTICE; AND INCLUSION, EQUITY, AND DIVERSITY.10
(8) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.11
B
EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN12
ACCORDANCE WITH SECTION 2-3-1203.13
13-5.2-104. Domestic relations training standards - training14
program - assessment tool - funding - legislative intent. (1) (a) T
HE15
CHIEF JUSTICE SHALL, AFTER COLLABORATING WITH THE ADVISORY16
COMMITTEE, ESTABLISH DOMESTIC RELATIONS TRAINING STANDARDS FOR17
JUDICIAL OFFICERS AND DOMESTIC RELATIONS COURT PERS ONNEL TO18
IMPROVE DECISION-MAKING IN DOMESTIC RELATIONS CASES . THE19
TRAINING STANDARDS MAY INCLUDE STANDARDS FOR INITIAL TRAINING20
AND CONTINUING TRAINING.21
(b) I
F THE CHIEF JUSTICE DOES NOT ESTABLISH TRAINING22
STANDARDS ON OR BEFORE NOVEMBER 30, 2023, THE ADVISORY23
COMMITTEE SHALL ESTABLISH THE TRAINING STANDARDS NO LATER THAN24
D
ECEMBER 31, 2023. IF THE ADVISORY COMMITTEE ESTABLISHES25
TRAINING STANDARDS PURSUANT TO THIS SUBSECTION (1)(b), THE CHIEF26
JUSTICE MAY UPDATE THE STANDARDS AT ANY TIME .27
SB23-194
-11- (2) (a) THE ADVISORY COMMITTEE SHALL DEVELOP A DOMESTIC1
RELATIONS TRAINING PROGRAM THAT SATISFIES THE TRAINING2
STANDARDS ESTABLISHED PURS UANT TO SUBSECTION (1) OF THIS SECTION.3
(b) T
HE TRAINING PROGRAM MUST INCLUDE INITIAL TRAINING AND4
CONTINUING TRAINING. THE INITIAL TRAINING PROGRAM MUST NOT5
EXCEED FORTY HOURS OF INSTRUCTION , INCLUDING ADMINISTRATION OF6
THE ASSESSMENT TOOL DESCRIBED IN SUBSECTION (5) OF THIS SECTION OR7
ANY EXAMINATION. A CONTINUING TRAINING PROGRAM MUST NOT EXCEED8
EIGHT HOURS OF INSTRUCTION , INCLUDING ADMINISTRATION OF THE9
ASSESSMENT TOOL OR ANY EXAMINATION .10
(c) T
HE COURSES IN THE PROGRAM MUST BE DESIGNED TO PERMIT11
REMOTE PARTICIPATION.12
(d) T
HE ADVISORY COMMITTEE SHALL DEVELOP AND FINALIZE THE13
TRAINING PROGRAM NO LATER THAN MARCH 31, 2024. THE ADVISORY14
COMMITTEE MAY PERIODICALLY , BUT NO MORE FREQUENTLY THAN15
ANNUALLY, REVISE THE TRAINING PROGRAM.16
(3) (a) B
EGINNING NO LATER THAN JULY 1, 2024, THE STATE17
COURT ADMINISTRATOR SHALL PROVIDE THE INITIAL TRAINING PROGRAM18
ON A SCHEDULE SUFFICIENT TO MAXIMIZE PARTICIPATION BY DISTRICT19
COURT JUDICIAL OFFICERS AND DOMESTIC RELATIONS COURT PERSONNEL .20
B
EGINNING NO LATER THAN JULY 1, 2025, THE STATE COURT21
ADMINISTRATOR SHALL PROVIDE A CONTINUING TRAINING PROGRAM . THE22
STATE COURT ADMINISTRATOR MAY PROVIDE THE TRAINING OR MAY23
CONTRACT WITH A THIRD PARTY TO PROVIDE THE TRAINING .24
(b) (I) A
N INSTRUCTOR FOR ANY SESSION OF A TRAINING PROGRAM25
MUST BE AN EXPERIENCED DOMESTIC RELATIONS ATTORNEY OR ADJUNCT26
PROFESSIONAL. AN INSTRUCTOR IS NOT COMPENSATED FOR PROVIDING27
SB23-194
-12- INSTRUCTION, EXCEPT WHEN THE STATE COURT ADMINISTRATOR1
DETERMINES THAT APPROPRIATE INSTRUCTION ON A SUBJECT IS NOT2
AVAILABLE WITHOUT PROVIDING COMPENSATION TO AN INSTRUCTOR . THE3
STATE COURT ADMINISTRATOR SHALL REIMBURSE INSTRUCTORS FOR4
REASONABLE EXPENSES INCURRED FOR CONDUCTING THE TRAINING .5
(II) A
STATEMENT MADE BY A PARTICIPANT OR AN INSTRUCTOR IN6
A DOMESTIC RELATIONS JUDICIAL TRAINING PROGRAM SHALL NOT BE USED7
TO IMPEACH, CROSS-EXAMINE, OR DISQUALIFY THE PARTICIPANT OR8
INSTRUCTOR IN ANY SUBSEQUENT COURT PROCEEDING .9
(c) U
NLESS THE CHIEF JUSTICE REQUIRES IN-PERSON ATTENDANCE,10
THE STATE COURT ADMINISTRATOR SHALL PERMIT REMOTE PARTICIPATION11
IN THE TRAINING PROGRAM.12
(d) T
HE STATE COURT ADMINISTRATOR SHALL COORDINATE WITH13
THE ADVISORY COMMITTEE TO ESTABL ISH AN ONGOING REVIEW PROCESS14
TO MEASURE OUTCOMES OF THE TRAINING PROGRAM .15
(4) T
HE GENERAL ASSEMBLY STRONGLY RECOMMENDS THAT THE16
TRAINING STANDARDS AND TRAINING PROGRAM INCLUDE THE FOLLOWING17
SUBJECTS:18
(a) P
ARENTING ISSUES, INCLUDING CHILD DEVELOPMENT; HEALTH19
ISSUES THAT MAY PRESENT CHALLENGES TO CHILD EDUCATION , SUCH AS20
ATTENTION-DEFICIT/HYPERACTIVITY DISORDER, DYSLEXIA, AND AUTISM21
SPECTRUM DISORDERS; MENTAL AND PHYSICAL HEALTH CHALLENGES THAT22
IMPACT FAMILIES, INCLUDING TRAUMA, ABUSE, POST-TRAUMATIC STRESS,23
CHRONIC ILLNESS, DEPRESSION, MENTAL HEALTH ISSUES, PERSONALITY24
DISORDERS, AND ADDICTION; DOMESTIC VIOLENCE, INCLUDING COERCIVE25
CONTROL AND ITS TRAUMATIC EFFECTS , AND PARENTING STYLES26
INVOLVING ABUSIVE CONDUCT; EMOTIONAL ISSUES THAT MAY AFFECT THE27
SB23-194
-13- WELL-BEING OF CHILDREN AND FAMILY RELATIONS ; CHILD RESISTANCE TO1
AND REFUSAL OF PARENTING TIME , ESTRANGEMENT, AND OTHER2
PSYCHOLOGICAL ISSUES THAT MAY ARISE IN FAMILIES UNDERGOING3
TRANSITIONS; PARENTING STYLES AND THEIR IMPACT ON CHILDREN ;4
IDENTIFICATION AND MANAGEMENT OF FAMILY CONFLICT ;5
AGE-APPROPRIATE PARENTING PLANS; CULTURALLY SENSITIVE PARENTING6
PLANS; THERAPY MODALITIES; AND THE CHALLENGES OF RELOCATION ;7
(b) D
IVISION OF PROPERTY, INCLUDING BUSINESS VALUATION; THE8
FEDERAL "EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974", 299
U.S.C.
SEC. 1001 ET SEQ., AND THE VALUATION AND DIVISION OF10
RETIREMENT ASSETS; TRUST LAW AS APPLICABLE TO DISSOLUTION OF11
MARRIAGE CASES; VALUATION AND DIVISION OF REAL ESTATE; PARTITION;12
IMPACT OF BANKRUPTCY ON DISSOLUTION OF MARRIAGE CASES ;13
IDENTIFICATION OF PROPERTY INTERESTS INVOLVING COMPENSATION14
SCHEMES; IDENTIFICATION AND VALUATION OF PRIVATE EQUITY15
INVESTMENTS; AND TAX IMPLICATIONS OF COMMONLY HELD ASSETS ;16
(c) C
HILD SUPPORT AND MAINTENANCE , INCLUDING HOW TO17
IDENTIFY INCOME; UNDEREMPLOYMENT ; REASONABLE AND ORDINARY18
BUSINESS EXPENSES; IN-KIND BENEFITS; AND STATUTORY DEFINITIONS OF19
INCOME AND EXPENSES; AND20
(d) J
UDICIAL ADMINISTRATION, INCLUDING STANDARDS FOR CASE21
MANAGEMENT CONSISTENT WITH THE COLORADO RULES OF CIVIL22
PROCEDURE APPLICABLE TO DOMESTIC RELATIONS CASES ; THE ADVERSE23
IMPACTS OF INCONSISTENT , PROTRACTED, OR EXCESSIVELY HOSTILE24
JUDICIAL PROCEEDINGS ON THE EMOTIONAL WELL -BEING OF PARTIES AND25
CHILDREN; CULTURAL IMPEDIMENTS TO EQUITABLE PARTICIPATION IN26
JUDICIAL PROCEEDINGS; THE IMPACT OF CONSTRAINTS ON FINANCIAL27
SB23-194
-14- RESOURCES ON THE ABILITY TO PARTICIPATE IN JUDICIAL PROCEEDINGS ;1
AND THE EFFECT OF JUDICIAL PROCEEDINGS ON THE INTEGRITY OF FAMILY2
PROCESSES.3
(5) (a) T
O ASSESS THE EFFICACY OF THE TRAINING PROGRAM , THE4
STATE COURT ADMINISTRATOR SHALL DEVELOP A COMPREHENSIVE5
WRITTEN ASSESSMENT TOOL DESIGNED TO DETERMINE IF THE PROGRAM IS6
PROVIDING EFFECTIVE TRAINING TO ATTENDEES . IN DEVELOPING THE7
ASSESSMENT TOOL, THE STATE COURT ADMINISTRATOR SHALL CONSULT8
WITH THE ADVISORY COMMITTEE AND PROFESSIONAL ASSOCIATIONS OF9
ATTORNEYS WHO WORK ON DOMESTIC RELATIONS CASES , INCLUDING THE10
A
MERICAN ACADEMY OF MATRIMONIAL LAWYERS AND RELEVANT11
SECTIONS AND COMMITTEES OF THE COLORADO BAR ASSOCIATION .12
(b) T
HE STATE COURT ADMINISTRATOR SHALL ADMINISTER THE13
ASSESSMENT TOOL AT THE CONCLUSION OF AN INITIAL TRAINING PROGRAM14
OR CONTINUING TRAINING PROGRAM TO EACH ATTENDEE . THE15
ASSESSMENT TOOL MUST BE ADMINISTERED ON AN OPEN -BOOK BASIS, TO16
FAMILIARIZE ATTENDEES WITH SUPPLEMENTAL RESOURCES .17
(c) (I) U
PON REQUEST FROM A JUDICIAL OFFICER OR PRIVATE18
ATTORNEY, THE STATE COURT ADMINISTRATOR SHALL PROVIDE THE19
OFFICER OR ATTORNEY WITH THE OFFICER 'S OR ATTORNEY 'S20
INDIVIDUALIZED ASSESSMENT RESULTS . THE STATE COURT21
ADMINISTRATOR SHALL NOT RELEASE INDIVIDUALIZED RESULTS TO ANY22
PERSON OTHER THAN THE PERSON WHO COMPLETED THE ASSESSMENT ;23
EXCEPT THAT UPON REQUEST OF A PRIVATE ATTORNEY , THE STATE COURT24
ADMINISTRATOR MAY PROVIDE THE ATTORNEY 'S INDIVIDUALIZED25
ASSESSMENT RESULTS TO A THIRD PARTY .26
(II) T
HE STATE COURT ADMINISTRATOR SHALL REPORT27
SB23-194
-15- AGGREGATE RESULTS , WITHOUT INDIVIDUALLY IDENTIFIABLE1
INFORMATION, FROM THE ASSESSMENT TOOL TO THE ADVISORY2
COMMITTEE IN ORDER TO HELP THE ADVISORY COMMITTEE IDENTIFY3
AREAS REQUIRING IMPROVED EDUCATION AND TRAINING . THE AGGREGATE4
RESULTS MUST BE DISAGGREGATED BY ASSESSMENTS COMPLETED BY5
JUDICIAL OFFERS AND ASSESSMENTS COMPLETED BY PRIVATE ATTORNEYS .6
T
HE STATE COURT ADMINISTRATOR AND THE ADVISORY COMMITTEE SHALL7
NOT PUBLICLY RELEASE THE AGGREGATE RESULTS ; EXCEPT THAT, UPON8
DIRECTION FROM THE CHIEF JUSTICE, THE ADMINISTRATOR OR COMMITTEE9
SHALL PUBLICLY RELEASE THE AGGREGATE RESULTS OF ASSESSMENTS10
COMPLETED BY JUDICIAL OFFICERS.11
(6) (a) F
OR STATE FISCAL YEAR 2023-24, THE GENERAL ASSEMBLY12
SHALL APPROPRIATE MONEY NECESSARY FOR THE ESTABLISHMENT OF THE13
TRAINING STANDARDS AND DEVELOPMENT OF THE TRAINING PROGRAM .14
(b) B
EGINNING WITH ITS BUDGET REQUEST FOR STATE FISCAL YEAR15
2024-25,
AND IN ITS BUDGET REQUEST FOR EACH FISCAL YEAR16
THEREAFTER, THE JUDICIAL DEPARTMENT SHALL INCLUDE IN ITS REQUEST17
THE AMOUNT OF FUNDING NECESSARY TO ENSURE THAT ALL JUDICIAL18
OFFICERS ASSIGNED TO A DEDICATED DOMESTIC RELATIONS DOCKET OR19
WHO REGULARLY PRESIDE OVER DOMESTIC RELATIONS CASES AND ALL20
DOMESTIC RELATIONS COURT PERSONNEL MAY ATTEND THE TRAINING21
PROGRAM AT NO COST TO THE ATTENDEE OR ANY JUDICIAL DISTRICT .22
13-5.2-105. Training study - repeal. (1) T
HE STATE COURT23
ADMINISTRATOR SHALL STUDY STRATEGIES FOR INCREASING24
OPPORTUNITIES FOR JUDICIAL OFFICERS TO ATTEND AT LEAST THE25
EQUIVALENT OF ONE FULL DAY OF DOMESTIC RELATIONS JUDICIAL26
TRAINING IN EACH CALENDAR YEAR . AS PART OF THE STUDY, THE STATE27
SB23-194
-16- COURT ADMINISTRATOR SHALL IDENTIFY BARRIERS , INCLUDING1
WORKLOAD, SCHEDULING, AND OTHER TIME CONSTRAINTS, THAT INHIBIT2
JUDICIAL OFFICERS, INCLUDING NEWLY APPOINTED JUDICIAL OFFICERS ,3
FROM ATTENDING DOMESTIC RELATIONS JUDICIAL TRAINING , AND4
POTENTIAL REMEDIES FOR OVERCOMING IDENTIFIED BARRIERS .5
(2) N
O LATER THAN DECEMBER 31, 2023, THE STATE COURT6
ADMINISTRATOR SHALL COMPLETE THE STUDY AND DELIVER THE RESULTS7
OF THE STUDY TO THE CHIEF JUSTICE.8
(3) T
HIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2024.9
SECTION 3. In Colorado Revised Statutes, 2-3-1203, add10
(18.5)(a)(IV) as follows:11
2-3-1203. Sunset review of advisory committees - legislative12
declaration - definition - repeal.13
(18.5) (a) The following statutory authorizations for the14
designated advisory committees will repeal on September 1, 2027:15
(IV) T
HE DOMESTIC RELATIONS JUDICIAL TRAINING ADVISORY16
COMMITTEE ESTABLISHED IN SECTION 13-5.2-103.17
SECTION 4. In Colorado Revised Statutes, 26-7-105, amend18
(2)(a) as follows:19
26-7-105. Eligibility for adoption benefits. (2) The following20
conditions must be present at the time the eligible child or youth was21
placed for adoption; except that a child or youth who meets the medical22
and disability requirements for federal supplemental security income does23
not need to meet the additional conditions:24
(a) The eligible child or youth was in the custody of a county25
department, a person to whom the custody of the child has been given by26
proper order of a dependency and neglect court, or a nonprofit child27
SB23-194
-17- placement agency, and THE ELIGIBLE CHILD OR YOUTH is legally available1
for adoption
OR HAS BEEN LEGALLY AVAILABLE FOR ADOPTION WITHIN2
NINETY DAYS BEFORE THE APPLICATION FOR THE ADOPTION BENEFITS ,3
including the resolution of all appeals; and4
SECTION 5. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2024 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
SB23-194
-18-