2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 10 - UNIFORM DISSOLUTION OF MARRIAGE ACT (§§ 14-10-101 — 14-10-133) › Section 14-10-116.5 - [Effective 8/7/2024] Appointment in domestic relations cases - child and family investigator - disclosure - background check

(1)
The court may, upon the motion of either party or upon its own motion, appoint a neutral third person to serve the court as a child and family investigator pursuant to subsection (2) of this section in a domestic relations proceeding that involves allocation of parental responsibilities. The court shall set forth the specific duties of the child and family investigator in a written order of appointment. The same person may not serve as both the legal representative of the child pursuant to section
14-10-116
and as the child and family investigator for the court pursuant to this section. Within seven days after the appointment, the appointed person shall comply with the disclosure provisions of subsection (2.5) of this section.
(2)
(a)
A child and family investigator appointed by the court from an eligibility roster established pursuant to chief justice directive may be an attorney, a mental health professional, or any other individual with appropriate training and qualifications, as set forth in subsection (2)(f) of this section, and an independent perspective acceptable to the court. The child and family investigator for the court shall investigate and report as specifically directed by the court in the appointment order, taking into consideration the relevant factors for determining the best interests of the child, as described in section
14-10-124
. The purpose of the investigation is to assist in determining the best interests of the child, with the child's safety always paramount.
(b)
The child and family investigator shall make independent and informed recommendations to the court, in the form of a written report, unless otherwise ordered by the court. 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)
The child and family investigator shall include in the written report all information acquired during the investigation concerning domestic violence and child abuse, including:
(A)
Child sexual abuse;
(B)
Physical abuse;
(C)
Emotional abuse;
(D)
Coercive control;
(E)
Trauma; and
(F)
Victim and perpetrator behavioral patterns and relationship dynamics.
(II)
The 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)
The 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)
The 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.
(c)
The child and family investigator may be called to testify as a court-appointed expert witness regarding the child and family investigator's reports, but only if the court finds that the child and family investigator has the appropriate training and qualifications set forth in subsection (2)(f) of this section. Recommendations should be considered in full context of the report.
(d)
In addition to the training requirements and qualifications set forth in subsection (2)(f) of this section, the child and family investigator shall comply with applicable provisions set forth in chief justice directives, and any other practice or ethical standards established by rule, statute, or any licensing board that regulates the child and family investigator. A child and family investigator shall strive to engage in culturally informed and nondiscriminatory practices.
(e)
A party wishing to file a complaint related to a person's duties as a child and family investigator shall file such complaint in accordance with the applicable provisions in chief justice directives.
(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
. Initial and ongoing training must include, at a minimum:
(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)
Notwithstanding 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).
(2.5)
(a)
Within seven days after the appointment, the appointed person shall disclose to each party, attorneys or licensed legal paraprofessionals of record, and the court any familial, financial, or social relationship that the appointed person has or has had with the child, either party, the attorneys or licensed legal paraprofessionals of record, or the judicial officer and, if a relationship exists, the nature of the relationship.
(b)
Based on the disclosure required pursuant to paragraph (a) of this subsection (2.5), the court may, in its discretion, terminate the appointment and appoint a different person in the proceedings. A party has seven days from the date of the disclosure to object to the appointment based upon information contained in the disclosure. If a party objects to the appointment, the court shall appoint a different person or confirm the appointment within seven days after the date of the party's objection. If no party timely objects to the appointment, then the appointment is deemed confirmed.
(2.7)
(a)
Prior 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. At 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)
An 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)
An 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 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)
Pursuant to a chief justice directive, the court may cap a child and family investigator's fees and allocate responsibility for costs.
(3)
(a)
The court shall enter an order for costs, fees, and disbursements in favor of the child and family investigator appointed pursuant to subsection (1) of this section. The order must be made against any or all of the parties; except that, if the responsible parties are determined to be indigent, the costs, fees, and disbursements are borne by the state.
(b)
In a proceeding for dissolution of marriage or legal separation, prior to the entry of a decree of dissolution or legal separation, the court shall not enter an order requiring the state to bear the costs, fees, or disbursements related to the appointment of a child and family investigator unless both parties are determined to be indigent after considering the combined income and assets of the parties.
(c)
If the appointment of a child and family investigator occurs in a case involving unmarried parties, including those proceedings that occur after the entry of a decree for dissolution of marriage or of legal separation, the court shall make every reasonable effort to apportion costs between the parties in a manner that will minimize the costs, fees, and disbursements that shall be borne by the state.
(4)
(a)
Prior to being appointed as a child and family investigator, the person shall submit a complete set of his or her fingerprints to the judicial department for the purposes of a background check, and the judicial department shall determine based on the background check whether the person is suitable to act as a child and family investigator. The department shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The department is the authorized agency to receive information regarding the result of a national fingerprint-based criminal history record check.
(b)
When the results of a fingerprint-based criminal history record check of a person performed pursuant to this section reveal a record of arrest without a disposition, the department shall require that applicant to submit to a name-based judicial record check, as defined in section
22-2-119.3 (6)(d)
. Upon request of the department pursuant to this section, the applicant shall provide a name-based judicial record check.
(c)
The applicant shall pay the cost associated with the background check.
(5)
As 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. "Coercive 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)
Isolating the individual from friends and family;
(b)
Monitoring, surveilling, regulating, or controlling the individual's, or the individual's child's or relative's, finances, economic resources, or access to services;
(c)
Monitoring, surveilling, regulating, or controlling the individual's, or the individual's child's or relative's, activities, communications, or movements, including through technology;
(d)
Name-calling, degrading, or demeaning the individual, or the individual's child or relative, on a frequent basis;
(e)
Threatening 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;
(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)
Threatening to harm or kill an animal with which the individual or the individual's child or relative has an emotional bond;
(h)
Threatening 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)
Damaging the individual's, or the individual's child's or relative's, property or household goods;
(j)
Threatening 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.
Amended by 2024 Ch. 344,§ 2, eff. 8/7/2024.
Amended by 2024 Ch. 131,§ 14, eff. 8/7/2024.
Amended by 2023 Ch. 266,§ 2, eff. 5/25/2023.
Amended by 2022 Ch. 114, §19, eff. 4/21/2022.
Amended by 2021 Ch. 292, §4, eff. 6/22/2021.
Amended by 2019 Ch. 125, §18, eff. 4/18/2019.
Amended by 2014 Ch. 146, §2, eff. 5/2/2014.
L. 2005: Entire section added, p. 960, § 4, effective July 1. L. 2009: (3) amended, (SB 09-268), ch. 207, p. 942, § 2, effective May 1. L. 2012: (1) amended and (2.5) added, (SB 12-056), ch. 368, p. 368, § 2, effective July 1.
2024 Ch. 344, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declarations contained in the 2005 act enacting this section, see sections 1 and 3 of chapter 244, Session Laws of Colorado 2005. For the legislative declaration in HB 21-1228, see section 1 of chapter 292, Session Laws of Colorado 2021.