HOUSE BILL 971164
BY REPRESENTATIVES Sullivant, K. Alexander, G. Berry, Dyer, Nichol, Reeser, Dean, McElhany, Paschall, Mace, Pankey, Schwarz, Smith, and Tool;
also SENATORS Mutzebaugh, Matsunaka, and Powers.
CONCERNING THE ENFORCEMENT OF PARENTING TIME ORDERS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1410129.5,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
1410129.5. Disputes concerning
parenting time. (1) Upon
WITHIN THIRTY DAYS AFTER THE FILING OF a verified motion by either
parent or upon the court's own motion alleging that a parent is
not complying with a parenting time order or schedule and setting
forth the possible sanctions that may be imposed by the court,
the court shall determine from the verified motion, and response
to the motion, if any, whether there has been or is likely to
be a
substantial and
OR continuing noncompliance with the parenting time order or schedule
and either:
(a) Deny the motion, if there is an inadequate
allegation; or
(b) Set the matter for hearing with notice
to the parents of the time and place of the hearing AS EXPEDITIOUSLY
AS POSSIBLE; or
(c) Require the parties to seek mediation
and report back to the court on the results of the mediation within
sixty days. Mediation services shall be provided in accordance
with section 1322305, C.R.S. At the end of the mediation
period, the court may approve an agreement reached by the parents
or shall set the matter for hearing.
(2) After the hearing, if a court finds
that a parent has not complied with the parenting time order or
schedule and has violated the court order, the court, in the best
interests of the child, may issue
orders which may include but need not be limited to
SHALL ISSUE AN ORDER WHICH MAY INCLUDE BUT NOT BE LIMITED TO ONE
OR MORE OF THE FOLLOWING ORDERS:
(a) AN ORDER imposing additional terms
and conditions which
THAT are consistent with the court's previous order; except that
the court shall separate the issues of child support and parenting
time and shall not condition child support upon parenting time;
(b) AN ORDER modifying the previous order
to meet the best interests of the child;
(b.3) AN ORDER REQUIRING EITHER PARENT
OR BOTH PARENTS TO ATTEND A PARENTAL EDUCATION PROGRAM AS DESCRIBED
IN SECTION 1410123.7, AT THE EXPENSE OF THE NONCOMPLYING
PARENT;
(b.7) AN ORDER REQUIRING THE PARTIES TO
PARTICIPATE IN FAMILY COUNSELING PURSUANT TO SECTION 1322313,
C.R.S., AT THE EXPENSE OF THE NONCOMPLYING PARENT;
(c) AN ORDER requiring the violator to
post bond or security to insure future compliance;
(d) AN ORDER requiring that makeup parenting
time be provided for the aggrieved parent or child under the following
conditions:
(I) That such parenting time is of the
same type and duration of parenting time as that which was denied,
including but not limited to parenting time during weekends, on
holidays, and on weekdays and during the summer;
(II) That such parenting time is made
up within one year
SIX MONTHS after the noncompliance occurs, UNLESS THE PERIOD OF
TIME OR HOLIDAY CAN NOT BE MADE UP WITHIN SIX MONTHS IN WHICH
CASE THE PARENTING TIME SHALL BE MADE UP WITHIN ONE YEAR AFTER
THE NONCOMPLIANCE OCCURS;
(III) That such parenting time is
TAKES PLACE AT THE TIME AND in the manner chosen by the aggrieved
parent if it is in the best interests of the child;
(e) AN ORDER finding the parent who did
not comply with the parenting time schedule in contempt of court
and imposing a fine or jail sentence;
(e.5) AN ORDER IMPOSING ON THE NONCOMPLYING
PARENT A CIVIL FINE NOT TO EXCEED ONE HUNDRED DOLLARS PER INCIDENT
OF DENIED PARENTING TIME;
(f) AN ORDER scheduling a hearing for
modification of custody with respect to a motion filed pursuant
to section 1410131 or 1410131.5;
(g) Awarding
to the aggrieved party, where appropriate, actual expenses, including
attorney fees, court costs, and expenses incurred by a parent
because of the other parent's failure to provide or exercise courtordered
parenting time. Nothing in this section shall preclude a party's
right to a separate and independent legal action in tort.
(h) ANY OTHER ORDER THAT MAY PROMOTE THE
BEST INTERESTS OF THE CHILD OR CHILDREN INVOLVED.
(3) ANY CIVIL FINES COLLECTED AS A RESULT
OF AN ORDER ENTERED PURSUANT TO PARAGRAPH (e.5) OF SUBSECTION
(2) OF THIS SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER,
WHO SHALL CREDIT THE SAME TO THE DISPUTE RESOLUTION FUND CREATED
IN SECTION 1322310, C.R.S.
(4) IN ADDITION TO ANY OTHER ORDER ENTERED
PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE COURT SHALL ORDER
A PARENT WHO HAS FAILED TO PROVIDE COURTORDERED PARENTING
TIME OR TO EXERCISE COURTORDERED PARENTING TIME TO PAY TO
THE AGGRIEVED PARTY, ATTORNEY=S
FEES, COURT COSTS, AND EXPENSES THAT ARE ASSOCIATED WITH AN ACTION
BROUGHT PURSUANT TO THIS SECTION. IN THE EVENT THE PARENT RESPONDING
TO AN ACTION BROUGHT PURSUANT TO THIS SECTION IS FOUND NOT TO
BE IN VIOLATION OF THE PARENTING TIME ORDER OR SCHEDULE, THE COURT
MAY ORDER THE PETITIONING PARENT TO PAY THE COURT COSTS, ATTORNEY
FEES, AND EXPENSES INCURRED BY SUCH RESPONDING PARENT. NOTHING
IN THIS SECTION SHALL PRECLUDE A PARTY'S RIGHT TO A SEPARATE AND
INDEPENDENT LEGAL ACTION IN TORT.
SECTION 2. Title
14, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW ARTICLE to read:
1410.5101. Short title. THIS
ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO
PARENTING TIME ENFORCEMENT ACT".
1410.5102. Legislative
declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT IN MOST SITUATIONS IT
IS IMPORTANT TO THE HEALTHY DEVELOPMENT OF CHILDREN THAT THE CHILDREN
SPEND QUALITY TIME WITH BOTH PARENTS. THE GENERAL ASSEMBLY FURTHER
FINDS THAT DUE TO DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, AND
OUTOFWEDLOCK BIRTHS, FAMILIES ARE OFTEN DIVIDED AND
AS A RESULT, MANY CHILDREN DO NOT HAVE THE OPPORTUNITY TO SPEND
THE TIME WITH BOTH PARENTS THAT A COURT MAY HAVE DETERMINED IS
IN THEIR BEST INTERESTS.
(2) THE GENERAL ASSEMBLY FURTHER FINDS
THAT THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996", PUBLIC LAW 104193, ALLOWS
STATES TO SEEK GRANTS OF FEDERAL FUNDS FOR THE ESTABLISHMENT AND
ADMINISTRATION OF PROGRAMS TO SUPPORT AND FACILITATE CHILDREN'S
ACCESS TO TIME WITH THEIR NONCUSTODIAL PARENT.
(3) IT IS THE PURPOSE OF THIS ARTICLE
TO ENHANCE CHILDREN'S OPPORTUNITIES FOR ACCESS TO THEIR NONCUSTODIAL
PARENT IN COMPLIANCE WITH ANY ORDERS ENTERED IN THAT REGARD. TO
THAT END, THE GENERAL ASSEMBLY HEREBY DETERMINES THAT IT IS APPROPRIATE
FOR THE STATE TO SEEK THE FEDERAL GRANT DESCRIBED IN SECTION 391
OF THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996", PUBLIC LAW 104193, IN
ORDER TO EXPLORE ALTERNATIVE METHODS BY WHICH TO SUPPORT AND FACILITATE
A CHILD'S ACCESS TO AND TIME WITH HIS OR HER NONCUSTODIAL PARENT
IN CONTESTED PARENTING TIME PROCEEDINGS.
1410.5103. Definition.
FOR PURPOSES OF THIS ARTICLE, "NONCUSTODIAL PARENT"
MEANS THE PARENT OF A CHILD WHO IS THE SUBJECT OF A PARENTING
TIME COURT PROCEEDING AND WHO, PURSUANT TO A COURT ORDER, EITHER
WAS NOT GRANTED CUSTODY BUT WAS AWARDED PARENTING TIME WITH HIS
OR HER CHILD OR WHO WAS GRANTED JOINT CUSTODY AND PARENTING TIME
WITH HIS OR HER CHILD BUT WHO IS NOT THE PARENT WITH WHOM THE
CHILD PRIMARILY RESIDES.
1410.5104. Parenting time
enforcement program authorization.
(1) (a) THE APPROPRIATE STATE AGENCY, AS DETERMINED
BY THE GOVERNOR, IS HEREBY AUTHORIZED TO DEVELOP A PARENTING TIME
ENFORCEMENT PROGRAM. THE PROGRAM, IF DEVELOPED, SHALL COMPLY WITH
ALL REQUIREMENTS AND RESTRICTIONS, IF ANY, SET FORTH IN FEDERAL
LAW OR IN FEDERAL REGULATION PROMULGATED BY THE SECRETARY OF THE
FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES AND, IF IN COMPLIANCE
WITH FEDERAL LAW AND REGULATION, SHALL ADDRESS THE ENHANCEMENT
AND FACILITATION OF CHILDREN'S ACCESS TO THEIR NONCUSTODIAL PARENTS
BY ANY ONE OR ANY COMBINATION OF THE FOLLOWING METHODS:
(I) MEDIATION, BOTH VOLUNTARY AND MANDATORY;
(II) FAMILY COUNSELING;
(III) PARENTAL EDUCATION;
(IV) DEVELOPMENT OF PARENTING PLANS;
(V) PARENTING TIME ENFORCEMENT PROCEDURES,
INCLUDING MONITORED PARENTING TIME, SUPERVISED PARENTING TIME,
OR NEUTRAL DROPOFF AND PICKUP LOCATIONS;
(VI) PARENTING TIME GUIDELINES;
(VII) ALTERNATIVE CUSTODY ARRANGEMENTS.
(b) THE PARENTING TIME ENFORCEMENT PROGRAM,
IF DEVELOPED, MAY BE OPERATED ON A STATEWIDE BASIS OR ON A REPRESENTATIVE
PILOT BASIS.
(2) THE SELECTED STATE AGENCY SHALL MONITOR,
EVALUATE, AND REPORT ON THE PARENTING TIME ENFORCEMENT PROGRAM,
IF DEVELOPED, IN ACCORDANCE WITH THE REGULATIONS PRESCRIBED BY
THE SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES.
SUCH AGENCY SHALL ALSO EVALUATE AND REPORT ON THE EFFECTIVENESS
OF THE AMENDMENTS MADE TO SECTION 1410129.5, AS CONTAINED
IN HOUSE BILL 971164.
SECTION 3. Effective date. This
act shall take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
____________________________ ____________________________
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