HOUSE BILL 24-1350
BY REPRESENTATIVE(S) Froelich and Story, Bird, Lindsay, Sirota,
Vigil, Weissman, Clifford, Hamrick, Joseph, McLachlan, Snyder;
also SENATOR(S) Winter F. and Michaelson Jenet, Buckner, Cutter,
Exum, Fields, Gardner, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
Priola, Sullivan.
C
ONCERNING STANDARDS RELATED TO COURT PROCEEDINGS FOR
ALLOCATION OF PARENTAL RESPONSIBILITIES TO KEEP CHILDREN
SAFE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) The general assembly, along with other state legislatures, the
United States congress, and the United Nations, has identified that family
court reform is necessary to prevent the common occurrence of awarding
parental responsibilities for minor children to perpetrators of violence,
including perpetrators of intimate partner violence, child abuse, and child
sexual abuse;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) United Nations experts have described the issue of protecting
victims of abuse in custody disputes, particularly women and children, as
an international crisis;
(c) Recently, the general assembly passed House Bill 21-1228 and
House Bill 23-1178. Among other things, these bills require certain court
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
require court findings related to domestic violence, child abuse, and child
sexual abuse when determining parental responsibilities, and they require
certain court-appointed expert witnesses in parental responsibilities
proceedings to have appropriate qualifications. Finally, the bills limit the
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
children and former partners are needed to build upon House Bill 21-1228
and House Bill 23-1178.
(d) Additionally, the general assembly recently passed House Bill
23-1108. The bill addressed the important and difficult work of child and
family investigators and parental responsibilities evaluators and their roles
in making courts safer and more accessible for domestic violence survivors.
It is imperative that judges understand the work of these critical court
personnel and both the positive effect or the negative consequences it may
have depending upon training. The recommendations made by the 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 assembly declares it is necessary to
expand opportunities to ensure a child's opinions are entered into the record
and considered by the court when determining parental responsibilities, to
PAGE 2-HOUSE BILL 24-1350 consider coercive control by perpetrators 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 victim and survivor
awareness and responsiveness training requirements for judicial personnel,
created pursuant to House Bill 23-1108. The general assembly looks
forward to the judicial department's implementation of these
recommendations, including actions necessary to comply with the federal
"Keeping Children Safe from Family Violence Act", or "Kayden's Law".
SECTION 2. In Colorado Revised Statutes, 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, with
the court, unless otherwise ordered by the court. While the child and 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 14-10-124 IN 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
. The
child's wishes, if expressed, must be disclosed in the child 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, the
parties, and any other professionals, before adopting any recommendations
made by the child and family investigator.
(b.3) (I) T
HE CHILD AND FAMILY INVESTIGATOR SHALL INCLUDE IN
THE WRITTEN REPORT ALL INFORMATION ACQUIRED DURING THE
INVESTIGATION CONCERNING DOMESTIC VIOLENCE AND CHILD ABUSE
,
INCLUDING:
(A) C
HILD SEXUAL ABUSE;
(B) P
HYSICAL ABUSE;
PAGE 3-HOUSE BILL 24-1350 (C) EMOTIONAL ABUSE;
(D) C
OERCIVE CONTROL;
(E) T
RAUMA; AND
(F) VICTIM AND PERPETRATOR BEHAVIORAL PATTERNS AND
RELATIONSHIP DYNAMICS
.
(II) T
HE CHILD AND FAMILY INVESTIGATOR SHALL INCLUDE IN THE
WRITTEN REPORT ALL INFORMATION PURSUANT TO SUBSECTION
(2)(b.3)(I)
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) WHO PRESENTED THE INFORMATION , INCLUDING A CHILD.
(b.7) T
HE CHILD AND FAMILY INVESTIGATOR 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 , SEXUAL
ORIENTATION
, 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 unless the court finds that the person is qualified as competent by
training and experience in, at a minimum, domestic violence and its effects
on children, adults, and families;
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
domestic violence,
COERCIVE CONTROL, and the traumatic effects of
domestic violence in accordance with section 14-10-127.5. As of January
1, 2024, initial INITIAL and 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;
PAGE 4-HOUSE BILL 24-1350 (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) NO LESS THAN TWENTY HOURS OF INITIAL TRAINING , REQUIRED
PURSUANT TO SECTION
14-10-127.5 (5)(a)(I); AND
(B) NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY
FIVE YEARS
, REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(a)(I).
(II) N
OTWITHSTANDING SUBSECTION (2)(f)(I) OF THIS SECTION, A
CHILD AND FAMILY INVESTIGATOR WHO COMPLETED THE INITIAL TRAINING
REQUIRED PURSUANT TO SECTION
14-10-127.5 (5)(a)(I) 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)(IX) AND (5)(b)(X).
(2.7) (a) P
RIOR TO PERFORMING ANY DUTIES, A CHILD AND FAMILY
INVESTIGATOR APPOINTED BY THE COURT SHALL PROVIDE A WRITTEN
DISCLOSURE TO EACH PARTY AND EACH PARTY
'S ATTORNEY, IF APPLICABLE.
A
T A MINIMUM, THE WRITTEN DISCLOSURE MUST INCLUDE :
(I) A
DESCRIPTION OF THE CHILD AND FAMILY INVESTIGATOR 'S
SPECIFIC DUTIES
, RESPONSIBILITIES, AND LIMITATIONS, WHICH MUST BE
CONSISTENT WITH THIS ARTICLE
10;
(II) A
N ACKNOWLEDGMENT THAT THE CHILD AND FAMILY
INVESTIGATOR WILL COMPLY WITH APPLICABLE STATE AND FEDERAL LAWS
IN ACTING AS A CHILD AND FAMILY INVESTIGATOR
, INCLUDING ALL LAWS
PURSUANT TO THIS ARTICLE
10;
(III) A
N ACKNOWLEDGMENT THAT THE CHILD AND FAMILY
INVESTIGATOR IS COMPLIANT WITH TRAINING REQUIREMENTS PURSUANT TO
SECTION
14-10-127.5 (5); AND
(IV) INFORMATION ON FILING A COMPLAINT PURSUANT TO
PAGE 5-HOUSE BILL 24-1350 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 CURRENT CONTACT
INFORMATION FOR THE STATE COURT ADMINISTRATOR
.
(b) P
URSUANT TO A CHIEF JUSTICE DIRECTIVE, THE COURT MAY CAP
A CHILD AND FAMILY INVESTIGATOR
'S FEES AND ALLOCATE RESPONSIBILITY
FOR COSTS
.
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "COERCIVE CONTROL" MEANS A PATTERN OF THREATENING ,
HUMILIATING, OR INTIMIDATING ACTIONS, INCLUDING ASSAULTS OR OTHER
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" INCLUDES ISOLATING
THE INDIVIDUAL FROM SUPPORT
, EXPLOITING THE INDIVIDUAL, DEPRIVING
THE INDIVIDUAL OF INDEPENDENCE
, AND REGULATING THE INDIVIDUAL 'S
EVERYDAY BEHAVIOR
. "COERCIVE CONTROL" INCLUDES, BUT IS NOT LIMITED
TO
, ANY OF THE FOLLOWING:
(a) I
SOLATING THE INDIVIDUAL FROM FRIENDS AND FAMILY ;
(b) M
ONITORING, SURVEILLING, REGULATING, OR CONTROLLING THE
INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, FINANCES,
ECONOMIC RESOURCES, OR ACCESS TO SERVICES;
(c) M
ONITORING, SURVEILLING, REGULATING, OR CONTROLLING THE
INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, ACTIVITIES,
COMMUNICATIONS, OR MOVEMENTS, INCLUDING THROUGH TECHNOLOGY ;
(d) N
AME-CALLING, DEGRADING, OR DEMEANING THE INDIVIDUAL,
OR THE INDIVIDUAL'S CHILD OR RELATIVE, ON A FREQUENT BASIS;
(e) T
HREATENING TO HARM OR KILL THE INDIVIDUAL OR THE
INDIVIDUAL
'S CHILD OR RELATIVE, INCLUDING WEARING , ACCESSING,
DISPLAYING, USING, OR CLEANING A WEAPON IN AN INTIMIDATING OR
THREATENING MANNER
;
PAGE 6-HOUSE BILL 24-1350 (f) THREATENING TO COMMIT SUICIDE OR OTHERWISE HARM ONE 'S
OWN PERSON
, WHEN USED AS A METHOD OF COERCION , CONTROL,
PUNISHMENT, INTIMIDATION, OR RETALIATION AGAINST THE PERSON;
(g) T
HREATENING TO HARM OR KILL AN ANIMAL WITH WHICH THE
INDIVIDUAL OR THE INDIVIDUAL
'S CHILD OR RELATIVE HAS AN EMOTIONAL
BOND
;
(h) T
HREATENING TO PUBLISH THE INDIVIDUAL 'S, OR THE
INDIVIDUAL
'S CHILD'S OR RELATIVE'S, SENSITIVE PERSONAL INFORMATION,
INCLUDING SEXUALLY EXPLICIT MATERIAL, OR MAKE REPORTS TO THE POLICE
OR AUTHORITIES
;
(i) D
AMAGING THE INDIVIDUAL'S, OR THE INDIVIDUAL'S CHILD'S OR
RELATIVE
'S, PROPERTY OR HOUSEHOLD GOODS ;
(j) T
HREATENING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, WITH DEPORTATION OR CONTACTING AUTHORITIES BASED ON
PERCEIVED OR ACTUAL IMMIGRATION STATUS
, WITHHOLDING ESSENTIAL
DOCUMENTS REQUIRED FOR IMMIGRATION
, OR THREATENING TO WITHDRAW
OR INTERFERE WITH AN ACTIVE IMMIGRATION APPLICATION OR PROCESS
; OR
(k) FORCING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, TO TAKE PART IN CRIMINAL ACTIVITIES OR CHILD ABUSE.
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) "C
OERCIVE CONTROL" MEANS A PATTERN OF THREATENING ,
HUMILIATING, OR INTIMIDATING ACTIONS, INCLUDING ASSAULTS OR OTHER
ABUSE
, THAT IS USED TO HARM, PUNISH, OR FRIGHTEN AN INDIVIDUAL .
"C
OERCIVE CONTROL" INCLUDES A PATTERN OF BE HAVIOR 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" INCLUDES ISOLATING
THE INDIVIDUAL FROM SUPPORT
, EXPLOITING THE INDIVIDUAL, DEPRIVING
PAGE 7-HOUSE BILL 24-1350 THE INDIVIDUAL OF INDEPENDENCE , AND REGULATING THE INDIVIDUAL 'S
EVERYDAY BEHAVIOR
. "COERCIVE CONTROL" INCLUDES, BUT IS NOT LIMITED
TO
, ANY OF THE FOLLOWING:
(I) I
SOLATING THE INDIVIDUAL FROM FRIENDS AND FAMILY ;
(II) M
ONITORING, SURVEILLING, REGULATING, OR CONTROLLING THE
INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, FINANCES,
ECONOMIC RESOURCES, OR ACCESS TO SERVICES;
(III) M
ONITORING, SURVEILLING, REGULATING, OR CONTROLLING
THE INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, ACTIVITIES,
COMMUNICATIONS, OR MOVEMENTS, INCLUDING THROUGH TECHNOLOGY ;
(IV) N
AME-CALLING, DEGRADING, OR DEMEANING THE INDIVIDUAL,
OR THE INDIVIDUAL'S CHILD OR RELATIVE, ON A FREQUENT BASIS;
(V) T
HREATENING TO HARM OR KILL THE INDIVIDUAL OR THE
INDIVIDUAL
'S CHILD OR RELATIVE, INCLUDING WEARING , ACCESSING,
DISPLAYING, USING, OR CLEANING A WEAPON IN AN INTIMIDATING OR
THREATENING MANNER
;
(VI) T
HREATENING TO COMMIT SUICIDE OR OTHERWISE HARM ONE 'S
OWN PERSON
, WHEN USED AS A METHOD OF COERCION , CONTROL,
PUNISHMENT, INTIMIDATION, OR RETALIATION AGAINST THE PERSON;
(VII) T
HREATENING TO HARM OR KILL AN ANIMAL WITH WHICH THE
INDIVIDUAL OR THE INDIVIDUAL
'S CHILD OR RELATIVE HAS AN EMOTIONAL
BOND
;
(VIII) T
HREATENING TO PUBLISH THE INDIVIDUAL 'S, OR THE
INDIVIDUAL
'S CHILD'S OR RELATIVE'S, SENSITIVE PERSONAL INFORMATION,
INCLUDING SEXUALLY EXPLICIT MATERIAL, OR MAKE REPORTS TO THE POLICE
OR AUTHORITIES
;
(IX) D
AMAGING THE INDIVIDUAL'S, OR THE INDIVIDUAL'S CHILD'S OR
RELATIVE
'S, PROPERTY OR HOUSEHOLD GOODS ;
(X) T
HREATENING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, WITH DEPORTATION OR CONTACTING AUTHORITIES BASED ON
PAGE 8-HOUSE BILL 24-1350 PERCEIVED OR ACTUAL IMMIGRATION STATUS , WITHHOLDING ESSENTIAL
DOCUMENTS REQUIRED FOR IMMIGRATION
, OR THREATENING TO WITHDRAW
OR INTERFERE WITH AN ACTIVE IMMIGRATION APPLICATION OR PROCESS
; OR
(XI) FORCING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, TO TAKE PART IN CRIMINAL ACTIVITIES OR CHILD ABUSE.
(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, when used as a
method of coercion, 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
interests of the child, giving paramount consideration to the child's safety
and the physical, mental, and emotional conditions and needs of the child
as follows:
(a.5) I
N DETERMINING THE BEST INTERESTS OF THE CHILD FOR
PURPOSES OF PARENTING TIME
, THE COURT SHALL STRIVE NOT TO CONSIDER
AS A RELEVANT FACTOR INFORMATION OR RECOMMENDATIONS THAT ARE
BIASED
, INCLUDING BIAS REGARDING RELIGION, GENDER, GENDER IDENTITY,
GENDER EXPRESSION, SEXUAL ORIENTATION, 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 violence,
or sexual assault resulting in the conception of the child, in formulating or
PAGE 9-HOUSE BILL 24-1350 approving a parenting plan, the court shall consider conditions on parenting
time that ensure the safety of the child and of the abused party, GIVING
PARAMOUNT CONSIDERATION TO THE SAFETY
, AND THE PHYSICAL, MENTAL,
AND EMOTIONAL CONDITIONS AND NEEDS OF THE 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) I
F THE COURT ORDERS UNSUPERVISED PARENTING TIME FOR A
PARENT
, AND THERE IS ANY INFORMATION, INCLUDING AN ACCUSATION BY
A CHILD
, THAT THE PARENT HAS COMMITTED DOMESTIC VIOLENCE , CHILD
ABUSE
, OR CHILD SEXUAL ABUSE, OR IF THE PARENT IS ACCUSED BY THE
CHILD OF DOMESTIC VIOLENCE
, CHILD ABUSE, CHILD SEXUAL ABUSE, 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 .
SECTION 4. In Colorado Revised Statutes, amend 14-10-126 as
follows:
14-10-126. Interviews. (1) The
UPON A MOTION, THE court may
interview the child in chambers to ascertain the child's wishes as to the
allocation of parental responsibilities. The court may permit counsel to be
present at the interview. The court shall cause a record of the interview to
be made, and it shall
MUST be made part of the record in the case. THE
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 to counsel of
record, parties, and other expert witnesses upon request, but it shall
otherwise be considered confidential and shall be sealed and shall 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
PAGE 10-HOUSE BILL 24-1350 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) T
HE COURT MAY SEEK THE ADVICE OF PROFESSIONAL PERSONNEL
WHETHER OR NOT THEY ARE EMPLOYED ON A REGULAR BASIS BY THE COURT
.
T
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 INSPECTION
, 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) introductory portion, and (4)(a.5); and add (1.5), (7)(b.3),
(7)(b.7), and (11) as follows:
14-10-127. Evaluation and reports - training and qualifications
of evaluators - disclosure - definitions. (1) (a) (I) (A) In all proceedings
concerning the allocation of parental responsibilities with 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 "evaluator" EVALUATOR to
perform an evaluation and file a written report concerning the disputed
issues relating to the allocation of parental responsibilities for the child,
unless the motion by either party is made for 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 the child's safety always
paramount. The evaluation and subsequent report must focus on the best
interests of the child and the factors set forth in sections 14-10-124 and
14-10-129 in any post-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
time
FOR THE WRITTEN REPORT. IN 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) P
RIOR TO PERFORMING ANY DUTIES , AN EVALUATOR
PAGE 11-HOUSE BILL 24-1350 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,
RESPONSIBILITIES, AND LIMITATIONS, WHICH MUST BE CONSISTENT WITH THIS
ARTICLE
10;
(II) A
N ACKNOWLEDGMENT THAT THE EVALUATOR WILL COMPLY
WITH APPLICABLE STATE AND FEDERAL LAWS IN ACTING AS AN EVALUATOR
,
INCLUDING ALL LAWS PURSUANT TO THIS ARTICLE 10;
(III) A
N ACKNOWLEDGMENT THAT THE EVALUATOR IS COMPLIANT
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), INCLUDING THE CURRENT CONTACT INFORMATION FOR THE
STATE COURT ADMINISTRATOR
.
(b) P
URSUANT TO A CHIEF JUSTICE DIRECTIVE, THE COURT MAY CAP
AN EVALUATOR
'S FEES AND ALLOCATE RESPONSIBILITY FOR COSTS .
(4) A person is not allowed to
SHALL NOT testify as an expert
witness regarding a parental responsibilities or parenting time evaluation
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, including the connection between domestic violence and trauma
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 domestic violence
and the traumatic effects of domestic violence
AND COERCIVE CONTROL in
PAGE 12-HOUSE BILL 24-1350 accordance with section 14-10-127.5. As of January 1, 2024, initial INITIAL
and 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) NO LESS THAN TWENTY HOURS OF INITIAL TRAINING , REQUIRED
PURSUANT TO SECTION
14-10-127.5 (5)(a)(I); AND
(B) NO LESS THAN FIFTEEN HOURS OF ONGOING TRAINING EVERY
FIVE YEARS
, REQUIRED PURSUANT TO SECTION 14-10-127.5 (5)(a)(I).
(II) N
OTWITHSTANDING SUBSECTION (4)(a.5)(I) OF THIS SECTION, AN
EVALUATOR WHO COMPLETED THE INITIAL TRAINING REQUIRED PURSUANT
TO SECTION
14-10-127.5 (5)(a)(I) 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)(IX)
AND (5)(b)(X).
(7) (b.3) (I) T
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;
(B) P
HYSICAL ABUSE;
(C) E
MOTIONAL ABUSE;
(D) C
OERCIVE CONTROL;
(E) T
RAUMA; AND
PAGE 13-HOUSE BILL 24-1350 (F) VICTIM AND PERPETRATOR BE HAVIORAL PATTERNS AND
RELATIONSHIP DYNAMICS
.
(II) T
HE EVALUATOR SHALL INCLUDE IN THE WRITTEN REPORT ALL
INFORMATION PURSUANT TO SUBSECTION
(7)(b.3)(I) 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) WHO PRESENTED THE INFORMATION , INCLUDING A CHILD.
(b.7) T
HE 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, SEXUAL ORIENTATION, CULTURE, RACE,
ETHNICITY, NATIONAL ORIGIN, OR DISABILITY.
(11) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
OERCIVE CONTROL" MEANS A PATTERN OF THREATENING ,
HUMILIATING, OR INTIMIDATING ACTIONS, INCLUDING ASSAULTS OR OTHER
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" INCLUDES ISOLATING
THE INDIVIDUAL FROM SUPPORT
, EXPLOITING THE INDIVIDUAL, DEPRIVING
THE INDIVIDUAL OF INDEPENDENCE
, AND REGULATING THE INDIVIDUAL 'S
EVERYDAY BEHAVIOR
. "COERCIVE CONTROL" INCLUDES, BUT IS NOT LIMITED
TO
, ANY OF THE FOLLOWING:
(I) I
SOLATING THE INDIVIDUAL FROM FRIENDS AND FAMILY ;
(II) M
ONITORING, SURVEILLING, REGULATING, OR CONTROLLING THE
INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, FINANCES,
ECONOMIC RESOURCES, OR ACCESS TO SERVICES;
PAGE 14-HOUSE BILL 24-1350 (III) MONITORING, SURVEILLING, REGULATING, OR CONTROLLING
THE INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, ACTIVITIES,
COMMUNICATIONS, OR MOVEMENTS, INCLUDING THROUGH TECHNOLOGY ;
(IV) N
AME-CALLING, DEGRADING, OR DEMEANING THE INDIVIDUAL,
OR THE INDIVIDUAL'S CHILD OR RELATIVE, ON A FREQUENT BASIS;
(V) T
HREATENING TO HARM OR KILL THE INDIVIDUAL OR THE
INDIVIDUAL
'S CHILD OR RELATIVE, INCLUDING WEARING , ACCESSING,
DISPLAYING, USING, OR CLEANING A WEAPON IN AN INTIMIDATING OR
THREATENING MANNER
;
(VI) T
HREATENING TO COMMIT SUICIDE OR OTHERWISE HARM ONE 'S
OWN PERSON
, WHEN USED AS A METHOD OF COERCION , CONTROL,
PUNISHMENT, INTIMIDATION, OR RETALIATION AGAINST THE PERSON;
(VII) T
HREATENING TO HARM OR KILL AN ANIMAL WITH WHICH THE
INDIVIDUAL OR THE INDIVIDUAL
'S CHILD OR RELATIVE HAS AN EMOTIONAL
BOND
;
(VIII) T
HREATENING TO PUBLISH THE INDIVIDUAL 'S, OR THE
INDIVIDUAL
'S CHILD'S OR RELATIVE'S, SENSITIVE PERSONAL INFORMATION ,
INCLUDING SEXUALLY EXPLICIT MATERIAL, OR MAKE REPORTS TO THE POLICE
OR AUTHORITIES
;
(IX) D
AMAGING THE INDIVIDUAL'S, OR THE INDIVIDUAL'S CHILD'S OR
RELATIVE
'S, PROPERTY OR HOUSEHOLD GOODS ;
(X) T
HREATENING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, WITH DEPORTATION OR CONTACTING AUTHORITIES BASED ON
PERCEIVED OR ACTUAL IMMIGRATION STATUS
, WITHHOLDING ESSENTIAL
DOCUMENTS REQUIRED FOR IMMIGRATION
, OR THREATENING TO WITHDRAW
OR INTERFERE WITH AN ACTIVE IMMIGRATION APPLICATION OR PROCESS
; OR
(XI) FORCING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, TO TAKE PART IN CRIMINAL ACTIVITIES OR CHILD ABUSE.
(b) "E
VALUATOR" MEANS ANY COUNTY OR DISTRICT DEPARTMENT
OF HUMAN OR SOCIAL SERVICES OR A LICENSED MENTAL HEALTH
PROFESSIONAL QUALIFIED PURSUANT TO SUBSECTION
(4) OF THIS SECTION.
PAGE 15-HOUSE BILL 24-1350 SECTION 6. In Colorado Revised Statutes, 14-10-127.5, amend
(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) "C
OERCIVE CONTROL" MEANS A PATTERN OF THREATENING ,
HUMILIATING, OR INTIMIDATING ACTIONS, INCLUDING ASSAULTS OR OTHER
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" INCLUDES ISOLATING
THE INDIVIDUAL FROM SUPPORT
, EXPLOITING THE INDIVIDUAL, DEPRIVING
THE INDIVIDUAL OF INDEPENDENCE
, AND REGULATING THE INDIVIDUAL 'S
EVERYDAY BEHAVIOR
. "COERCIVE CONTROL" INCLUDES, BUT IS NOT LIMITED
TO
, ANY OF THE FOLLOWING:
(I) I
SOLATING THE INDIVIDUAL FROM FRIENDS AND FAMILY ;
(II) M
ONITORING, SURVEILLING, REGULATING, OR CONTROLLING THE
INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, FINANCES,
ECONOMIC RESOURCES, OR ACCESS TO SERVICES;
(III) M
ONITORING, SURVEILLING, REGULATING, OR CONTROLLING
THE INDIVIDUAL
'S, OR THE INDIVIDUAL'S CHILD'S OR RELATIVE'S, ACTIVITIES,
COMMUNICATIONS, OR MOVEMENTS, INCLUDING THROUGH TECHNOLOGY ;
(IV) N
AME-CALLING, DEGRADING, OR DEMEANING THE INDIVIDUAL,
OR THE INDIVIDUAL'S CHILD OR RELATIVE, ON A FREQUENT BASIS;
(V) T
HREATENING TO HARM OR KILL THE INDIVIDUAL OR THE
INDIVIDUAL
'S CHILD OR RELATIVE, INCLUDING WEARING , ACCESSING,
DISPLAYING, USING, OR CLEANING A WEAPON IN AN INTIMIDATING OR
THREATENING MANNER
;
(VI) T
HREATENING TO COMMIT SUICIDE OR OTHERWISE HARM ONE 'S
PAGE 16-HOUSE BILL 24-1350 OWN PERSON, WHEN USED AS A METHOD OF COERCION , CONTROL,
PUNISHMENT, INTIMIDATION, OR RETALIATION AGAINST THE PERSON;
(VII) T
HREATENING TO HARM OR KILL AN ANIMAL WITH WHICH THE
INDIVIDUAL OR THE INDIVIDUAL
'S CHILD OR RELATIVE HAS AN EMOTIONAL
BOND
;
(VIII) T
HREATENING TO PUBLISH THE INDIVIDUAL 'S, OR THE
INDIVIDUAL
'S CHILD'S OR RELATIVE'S, SENSITIVE PERSONAL INFORMATION,
INCLUDING SEXUALLY EXPLICIT MATERIAL, OR MAKE REPORTS TO THE POLICE
OR AUTHORITIES
;
(IX) D
AMAGING THE INDIVIDUAL'S, OR THE INDIVIDUAL'S CHILD'S OR
RELATIVE
'S, PROPERTY OR HOUSEHOLD GOODS ;
(X) T
HREATENING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, WITH DEPORTATION OR CONTACTING AUTHORITIES BASED ON
PERCEIVED OR ACTUAL IMMIGRATION STATUS
, WITHHOLDING ESSENTIAL
DOCUMENTS REQUIRED FOR IMMIGRATION
, OR THREATENING TO WITHDRAW
OR INTERFERE WITH AN ACTIVE IMMIGRATION APPLICATION OR PROCESS
; OR
(XI) FORCING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR
RELATIVE
, TO TAKE PART IN CRIMINAL ACTIVITIES OR CHILD ABUSE.
(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 believe that a party has
committed domestic violence or child abuse, including child sexual abuse,
the court shall:
(I) Consider the admission of expert testimony and evidence if the
expert demonstrates expertise and experience working with victims of
domestic violence or child abuse, including child sexual abuse, that is not
solely forensic in nature; and
(II) Consider evidence of past sexual or physical abuse committed
by the accused party, including:
(D) Other documentation, including letters from a victim advocate
PAGE 17-HOUSE BILL 24-1350 or victim service provider, if the victim has consented pursuant to section
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) I
F ALLEGATIONS OF DOMESTIC VIOLENCE , CHILD ABUSE OR
NEGLECT
, OR CHILD SEXUAL ABUSE HAVE BEEN MADE , THE COURT SHALL
GIVE STRONG CONSIDERATION TO A CHILD
'S STATED PREFERENCE MADE TO
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 AND THE
PHYSICAL
, MENTAL, AND EMOTIONAL CONDITIONS AND NEEDS OF 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) I
NTERVIEWING; AND
(X) FORENSIC REPORT WRITING.
(b.1) N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (5) TO
THE CONTRARY
, A CHILD AND FAMILY INVESTIGATOR OR A PARENTAL
RESPONSIBILITIES EVALUATOR WHO COMPLETED THE INITIAL TRAINING
REQUIRED PURSUANT TO SUBSECTION
(5)(a)(I) OF THIS SECTION 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 SUBSECTION
(5)(b)(IX) AND (5)(b)(X) OF THIS SECTION.
(b.5) T
HE REQUIRED TRAINING SET FORTH IN SUBSECTION (5)(a) OF
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:
PAGE 18-HOUSE BILL 24-1350 (I) Recognize and respond to child physical abuse, child sexual
abuse, domestic violence,
COERCIVE CONTROL, and trauma in all family
victims, particularly children; and
(d) A
PROFESSIONAL TRAINER IS NOT REQUIRED TO BE AFFILIATED
WITH A STATE AGENCY
, INCLUDING THE OFFICE OF THE STATE COURT
ADMINISTRATOR
, IN ORDER TO DELIVER THE TRAINING REQUIREMENTS
PURSUANT TO SUBSECTION
(5) OF THIS SECTION AND THIS SUBSECTION (6).
SECTION 7. In Colorado Revised Statutes, 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 to paragraph
(a) of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION, prior to
appointing a parenting coordinator, the court may consider the effect of any
claim or documented evidence of domestic violence, as defined in section
14-10-124 (1.3)(a) SECTION 14-10-124, 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) 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
14-10-116.5 AND 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
. THE STATE COURT
ADMINISTRATOR IS AUTHORIZED TO ADMINISTER APPROPRIATE SANCTIONS
ESTABLISHED PURSUANT TO CHIEF JUSTICE DIRECTIVE
. THE STATE COURT
ADMINISTRATOR IS NOT RESPONSIBLE FOR ACCEPTING COMPLAINTS
REGARDING CONDUCT THAT IS REGULATED BY A CHILD AND FAMILY
INVESTIGATOR
'S OR PARENTAL RESPONSIBILITIES EVALUATOR 'S
PROFESSIONAL REGULATORY AUTHORITY
.
(b) A
S A PART OF THE JUDICIAL DEPARTMENT 'S "SMART ACT"
PAGE 19-HOUSE BILL 24-1350 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
NUMBER OF CHILD AND FAMILY COURT INVESTIGATORS APPOINTED BY THE
COURT PURSUANT TO SECTION
14-10-116.5 AND PARENTAL RESPONSIBILITIES
EVALUATORS APPOINTED BY THE COURT PURSUANT TO SECTION
14-10-127,
ELIGIBILITY ROSTERS ESTABLISHED PURSUANT TO A CHIEF JUSTICE
DIRECTIVE
, THE NUMBER OF COMPLAINTS RECEIVED BY THE STATE COURT
ADMINISTRATOR IN THE PRECEDING CALENDAR YEAR REGARDING CHILD AND
FAMILY COURT INVESTIGATORS AND PARENTAL RESPONSIBILITIES
EVALUATORS
, AND THE NUMBER OF FOUNDED COMPLAINTS AND SANCTIONS
ISSUED AS A RESULT OF THOSE COMPLAINTS IN THE PRECEDING CALENDAR
YEAR REGARDING CHILD AND FAMILY COURT INVESTIGATORS AND PARENTAL
RESPONSIBILITIES EVALUATORS
.
(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
, OR SINCE THE LATEST UPDATED PUBLICATION , 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 PERSONNEL
, CREATED PURSUANT TO HOUSE BILL 23-1108.
SECTION 9. In Colorado Revised Statutes, 8-13.3-503, amend (6)
as follows:
8-13.3-503. Definitions. As used in this part 5, unless the context
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)(a) SECTION 14-10-124 or "domestic abuse" as set forth in
section 13-14-101 (2).
SECTION 10. In Colorado Revised Statutes, 13-80-103.6, amend
(1) as follows:
13-80-103.6. General limitation of actions - domestic violence -
six years - definition. (1) Notwithstanding any other statute of limitations
PAGE 20-HOUSE BILL 24-1350 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 (1.3)(a)
SECTION 14-10-124, must be commenced
within six years after a disability has been removed for a person under
disability, as such term is defined in subsection (2) of this section, or within
six years after a cause of action accrues, whichever occurs later, and not
thereafter; except that in no event may any such civil 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-day period after final adjournment of the general assembly; except
that, if a referendum petition 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 by the people at the general election to be held in
PAGE 21-HOUSE BILL 24-1350 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 22-HOUSE BILL 24-1350