1997
HOUSE BILL 971103
BY REPRESENTATIVES Morrison, Adkins, Kreutz, Tool, Bacon, Clarke, Gotlieb, Hagedorn, Keller, Nichol, Owen, Reeser, Snyder, Veiga, and S. Williams;
also SENATORS Perlmutter and Hernandez.
CONCERNING THE APPOINTMENT OF INDIVIDUALS BY THE
COURT TO ASSIST THE COURT IN THE RESOLUTION OF ISSUES RELATED
TO CHILDREN IN DOMESTIC RELATIONS PROCEEDINGS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1410116,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is REPEALED
AND REENACTED, WITH AMENDMENTS, to read:
1410116. Appointments in
domestic relations cases representation of child
special advocates. (1) THE
COURT MAY, UPON THE MOTION OF EITHER PARTY OR UPON ITS OWN MOTION,
APPOINT AN INDIVIDUAL FOR THE PARTIES' MINOR OR DEPENDENT CHILDREN
OR TO ASSIST THE COURT IN ANY DOMESTIC RELATIONS PROCEEDING PURSUANT
TO SUBSECTION (2) OF THIS SECTION. THE COURT SHALL SET FORTH THE
DUTIES OF SUCH INDIVIDUAL IN A WRITTEN ORDER OF APPOINTMENT. IN
NO INSTANCE MAY THE SAME PERSON SERVE AS BOTH THE CHILD'S REPRESENTATIVE
PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION AND
AS THE SPECIAL ADVOCATE PURSUANT TO PARAGRAPH (b) OF SUBSECTION
(2) OF THIS SECTION.
(2) THE COURT MAY APPOINT EITHER OR BOTH
OF THE FOLLOWING:
(a) AN INDIVIDUAL TO SERVE AS A REPRESENTATIVE
OF THE CHILD. THE INDIVIDUAL SHALL BE AN ATTORNEY. THE INDIVIDUAL
SHALL REPRESENT THE BEST INTERESTS OF THE MINOR OR DEPENDENT CHILD,
AS THAT TERM IS DESCRIBED IN SECTION 1410124, WITH
RESPECT TO THE CHILD'S CUSTODY, SUPPORT FOR THE CHILD, THE CHILD'S
PROPERTY, PARENTING TIME, OR ANY OTHER ISSUE RELATED TO THE CHILD
THAT IS IDENTIFIED IN THE COURT'S ORDER OF APPOINTMENT. THE INDIVIDUAL
APPOINTED SHALL ACTIVELY PARTICIPATE IN ALL ASPECTS OF THE CASE
INVOLVING THE CHILD, WITHIN THE BOUNDS OF THE LAW. SUCH ATTORNEY
SHALL NOT BE CALLED AS A WITNESS IN THE CASE.
(b) AN INDIVIDUAL TO SERVE AS A SPECIAL
ADVOCATE. THE SPECIAL ADVOCATE MAY BE, BUT NEED NOT BE, AN ATTORNEY.
THE SPECIAL ADVOCATE SHALL INVESTIGATE, REPORT, AND MAKE RECOMMENDATIONS
ON ANY ISSUES THAT AFFECT OR MAY AFFECT THE BEST INTERESTS OF
THE MINOR OR DEPENDENT CHILD AS THAT TERM IS DESCRIBED IN SECTION
1410124. THE SUBJECT MATTER AND SCOPE OF THE SPECIAL
ADVOCATE'S DUTIES SHALL BE CLEARLY SET FORTH IN THE COURT'S ORDER
OF APPOINTMENT. SUCH DUTIES SHALL INCLUDE THE REQUIREMENT THAT
THE SPECIAL ADVOCATE FILE A WRITTEN REPORT WITH THE COURT. THE
SPECIAL ADVOCATE SHALL MAKE INDEPENDENT AND INFORMED RECOMMENDATIONS
TO THE COURT. WHILE THE SPECIAL ADVOCATE SHALL CONSIDER THE WISHES
OF THE CHILD, THE SPECIAL ADVOCATE NEED NOT ADOPT SUCH WISHES
IN MAKING HIS OR HER RECOMMENDATIONS TO THE COURT UNLESS THEY
SERVE THE CHILD'S BEST INTERESTS AS DESCRIBED IN SECTION 1410124.
THE CHILD'S WISHES, IF EXPRESSED, SHALL BE DISCLOSED IN THE SPECIAL
ADVOCATE'S REPORT. THE SPECIAL ADVOCATE MAY BE CALLED TO TESTIFY
AS A WITNESS REGARDING HIS OR HER RECOMMENDATIONS.
(3) THE COURT SHALL ENTER AN ORDER FOR
COSTS, FEES, AND DISBURSEMENTS IN FAVOR OF THE CHILD'S REPRESENTATIVE
APPOINTED PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS
SECTION OR IN FAVOR OF THE SPECIAL ADVOCATE APPOINTED PURSUANT
TO PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION OR BOTH. THE
ORDER SHALL BE MADE AGAINST ANY OR ALL OF THE PARTIES; EXCEPT
THAT, IF THE RESPONSIBLE PARTY IS INDIGENT, THE COSTS, FEES, AND
DISBURSEMENTS SHALL BE BORNE BY THE STATE.
SECTION 2. Article
10 of title 14, Colorado Revised Statutes, 1987 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
1410128.5. Appointment
of arbitrator de novo review of award.
(1) WITH THE CONSENT OF ALL PARTIES, THE COURT MAY
APPOINT AN ARBITRATOR TO RESOLVE DISPUTES BETWEEN THE PARTIES
CONCERNING THE PARTIES' MINOR OR DEPENDENT CHILDREN, INCLUDING
BUT NOT LIMITED TO PARENTING TIME, NONRECURRING ADJUSTMENTS TO
CHILD SUPPORT, AND DISPUTED PARENTAL DECISIONS. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL AWARDS ENTERED
BY AN ARBITRATOR APPOINTED PURSUANT TO THIS SECTION SHALL BE IN
WRITING. THE ARBITRATOR'S AWARD SHALL BE EFFECTIVE IMMEDIATELY
UPON ENTRY AND SHALL CONTINUE IN EFFECT UNTIL VACATED BY THE ARBITRATOR
PURSUANT TO SECTION 1322214, C.R.S., MODIFIED OR CORRECTED
BY THE ARBITRATOR PURSUANT TO SECTION 1322215, C.R.S.,
OR MODIFIED BY THE COURT PURSUANT TO A DE NOVO REVIEW UNDER SUBSECTION
(2) OF THIS SECTION.
(2) ANY PARTY MAY APPLY TO HAVE THE ARBITRATOR'S
AWARD VACATED, MODIFIED, OR CORRECTED PURSUANT TO THE "UNIFORM
ARBITRATION ACT OF 1975", PART 2 OF ARTICLE 22 OF TITLE
13, C.R.S., OR MAY MOVE THE COURT TO MODIFY THE ARBITRATOR'S AWARD
PURSUANT TO A DE NOVO REVIEW OF SUCH AWARD. IN CIRCUMSTANCES IN
WHICH A PARTY MOVES FOR A DE NOVO REVIEW BY THE COURT, THE COURT
SHALL ORDER THE NONPREVAILING PARTY TO PAY THE FEES AND COSTS
OF THE PREVAILING PARTY AND THE FEES OF THE ARBITRATOR INCURRED
IN RESPONDING TO THE APPLICATION OR MOTION UNLESS THE COURT FINDS
THAT IT WOULD BE MANIFESTLY UNJUST.
SECTION 3. Effective date.
This act shall take effect July 1, 1997.
SECTION 4. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO