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March 8, 2024 HB 24-1350
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0326
Rep. Froelich; Story
Sen. Winter F.
Date:
Bill Status:
Fiscal Analyst:
March 8, 2024
House Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: PARENTAL RESPONSIBILITIES PROCEEDINGS CHILD SAFETY
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill makes several changes to family court proceedings. Starting in FY 2024-25,
the bill increases state expenditures.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $249,049 to the Judicial
Department
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1350
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue
- -
Expenditures General Fund $249,049 $294,259
Centrally Appropriated $44,304 $55,156
Total Expenditures $293,353 $349,415
Total FTE 2.1 FTE 2.6 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $37,357 $44,139
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March 8, 2024 HB 24-1350
Summary of Legislation
The bill makes several changes to domestic relations court proceedings and requirements for
court personnel, as described below.
Child and family investigator requirements. The bill requires child and family investigators to
adhere to national interviewing criteria and standards. Investigators must prepare a written
report for the court to consider that includes options that serve the best interest of the child or
youth, as well as all information acquired during the investigation concerning domestic violence
and child abuse. Investigators are also required to provide written disclosures to each party
describing their duties, compliance with training requirements, and information on filing a
complaint about an investigator with the State Court Administrator.
Domestic relations court proceedings. Children and youth in domestic relations cases who are
of a sufficient age and maturity must be given the opportunity to express their opinion to the
court and investigators during family court proceedings. The child must be allowed to express
their views without being in the presence of their parent, if necessary. Courts must give strong
consideration to a child’s preference in allocating parental responsibilities but must prioritize the
physical, mental and emotional needs of the child. In addition, if the court orders unsupervised
parenting time for parent accused of domestic violence, child abuse, or child sexual abuse, the
court must justify why the decision is in the best interest of the child. Courts may cap fees paid
to family investigators and allocate the responsibility for paying these fees.
Parental alienation syndrome. The bill prohibits the consideration of parental alienation
syndrome or other theories not supported by evidence-based and peer-reviewed research in
written reports of child and family investigators, in determining the best interest of the child for
purposes of parenting time, and in the training for child and family investigators, evaluators, and
legal representatives of children.
Coercive control and domestic violence training. The bill defines coercive control and
requires training opportunities for recognizing coercive control for court personnel in domestic
violence and child abuse cases, including for family investigators, evaluators and judges. Courts
must consider evidence on coercive control in these cases.The bill requires training for child and
family investigators, evaluators, and legal representatives of children to be culturally informed,
and allows non-governmental professional trainers conduct the training.
Reporting. The State Court Administrator must accept complaints against family investigators
and evaluators. Annually, the Judicial Department must report these complaints and other family
court metrics to the legislature during their SMART Act hearing. Finally, the Judicial Department
must publish certain information on its website regarding family court proceedings, judges who
have completed domestic violence and child abuse trainings, and actions.
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March 8, 2024 HB 24-1350
Assumptions
According to the Judicial Department, there are an average of 9,570 domestic relations cases
involving a child each year. The fiscal note assumes that in 10 percent of these cases,
or 957 cases, a child or youth will choose to present their opinion to the court directly to the
judge in chambers. The fiscal note assumes this process requires up to 45 minutes, which
includes time to determine the maturity of the child and to conduct the interview.
In addition, the Judicial Department reports that there are currently no programs available
offering the required 20-hour training on domestic violence to family investigators and
evaluators. The fiscal note assumes that the department is required to establish a training and
that it will take one year to develop.
State Expenditures
The bill increases state expenditures in the Judicial Department by $293,000 in FY 2024-25 and
$349,000 in FY 2025-26 and ongoing, as shown in Table 2 and described below.
Table 2
Expenditures Under HB 24-1350
FY 2024-25 FY 2025-26
Judicial Department
Personal Services $198,677 $249,221
Operating Expenses $3,321 $4,238
Capital Outlay Costs $47,052 $800
Contract Training Facilitator - $40,000
Centrally Appropriated Costs
1
$44,304 $55,156
Total Cost $293,353 $349,415
Total FTE 2.1 FTE 2.6 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Judicial Department. Starting in FY 2024-25, Judicial Department expenditures will increase to
hire additional staff and to contract with a trainer, as described below.
Staff. The Judicial Department requires 0.4 FTE for a magistrate to interview children and
youth involved in domestic relations cases, 1.2 FTE for the magistrate’s supporting court
staff, and 1.0 FTE for an educational specialist. Capital outlay and operating expenses are
included and are prorated for a September 1, 2024, start date. Additional information is
provided below.
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March 8, 2024 HB 24-1350
Trial Courts. Based on the assumptions outlined above, the trial courts require an additional
0.4 FTE magistrate to hear child/youth testimony in domestic relations cases. Per Judicial
Department common policies, each magistrate also receives support staff at a 3:1 ratio,
resulting in an additional 1.2 FTE. Magistrates also require additional operating and capital
outlay costs for robes, travel, law libraries, court room, and audio visual equipment.
Operating and capital outlay costs for the magistrate are prorated to reflect 0.4 FTE, while
support staff receive standard operating expenses and capital outlay.
Office of the State Court Administrator. The department requires 1.0 FTE to develop update
the 20-hour domestic violence and child abuse training with the requirements of the bill,
collect and report the required data, and to provide administrative support to trainers.
Contract training facilitator. Starting in FY 2025-26, the Judicial Department requires
$20,000 per training to contract with professional trainers. It is assumed trainings will occur
twice a year, and costs include an online platform to host trainings virtually.
IT costs. Workload will increase for the department to update its case management system
to collect the required data and post certain information about family court proceedings on
the department website. No change in appropriations is required.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs
associated with this bill are addressed through the annual budget process and centrally
appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill.
These costs, which include employee insurance and supplemental employee retirement
payments, are shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note,
the bill is expected to increase the amount of General Fund held in reserve by the amounts
shown in Table 1, decreasing the amount of General Fund available for other purposes.
Technical Note
The bill’s timelines do not allow adequate time for the Judicial Department to develop and
implement required training. Costs in the fiscal note assume the department will have one year
to develop training.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
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March 8, 2024 HB 24-1350
State Appropriations
For FY 2024-25, the bill requires a General Fund appropriation of $249,049to the Judicial
Department, and 2.1 FTE.
State and Local Government Contacts
Counties Human Services Judicial
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.