HOUSE BILL 981183
BY REPRESENTATIVES Gordon, Sullivant, Veiga, K. Alexander, Kaufman, Keller, S. Williams, Grossman, McPherson, Nichol, and Zimmerman;
also SENATORS Mutzebaugh and Matsunaka.
CONCERNING CHILD CUSTODY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1410103 (3),
Colorado Revised Statutes, is amended, and the said 1410103
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1410103. Definition and
interpretation of terms. (3) On
and after July 1, 1993, the term "visitation" has been
changed to "parenting time". It is not the intent of
the general assembly to modify or change the meaning of the term
"visitation" nor to alter the legal rights of a noncustodial
parent with respect to the child as a result of changing the term
"visitation" to "parenting time".
(4) ON AND AFTER FEBRUARY 1, 1999, THE
TERM "CUSTODY" AND RELATED TERMS SUCH AS "CUSTODIAL"
AND "CUSTODIAN" HAVE BEEN CHANGED TO "PARENTAL
RESPONSIBILITIES". IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY
TO MODIFY OR CHANGE THE MEANING OF THE TERM "CUSTODY"
NOR TO ALTER THE LEGAL RIGHTS OF ANY CUSTODIAL PARENT WITH RESPECT
TO THE CHILD AS A RESULT OF CHANGING THE TERM "CUSTODY"
TO "PARENTAL RESPONSIBILITIES".
SECTION 2. 1410104.5,
Colorado Revised Statutes, is amended to read:
1410104.5. Legislative
declaration. The general assembly
recognizes that it is in the best interests of the parties to
a marriage in which a dissolution has been granted and in which
there are children of the marriage for the parties to be able
to resolve disputes that arise subsequent to the dissolution in
an amicable and fair manner. THE GENERAL ASSEMBLY FURTHER RECOGNIZES
THAT, IN MOST CASES, IT IS IN THE BEST INTERESTS OF THE CHILDREN
OF THE MARRIAGE TO HAVE A RELATIONSHIP WITH BOTH PARENTS AND THAT,
IN MOST CASES, IT IS THE PARENTS' RIGHT TO HAVE A RELATIONSHIP
WITH THEIR CHILDREN. The general assembly emphasizes that one
of the underlying purposes of this article is to mitigate the
potential harm to the spouses and their children AND THE RELATIONSHIPS
BETWEEN THE PARENTS AND THEIR CHILDREN caused by the process of
legal dissolution of marriage. The general assembly recognizes
that when a marriage in which children are involved is dissolved
both parties either agree to or are subject to orders which contain
certain obligations and commitments. The general assembly declares
that the honoring and enforcing of those obligations and commitments
made by both parties is necessary to maintaining a relationship
which
THAT is in the best interest of the children of the marriage.
In recognition thereof the general assembly hereby declares that
both parties should honor and fulfill all of the obligations and
commitments made between the parties and ordered by the court.
SECTION 3. 1410123,
Colorado Revised Statutes, is amended to read:
1410123. Commencement of
proceedings concerning allocation of parental responsibilities
jurisdiction. (1) A
child custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
is commenced in the district court or as otherwise provided by
law:
(a) By a parent:
(I) By filing a petition for dissolution
or legal separation; or
(II) By filing a petition seeking custody
of the ALLOCATION OF PARENTAL RESPONSIBILITIES
WITH RESPECT TO A child in the county where the child is permanently
resident or where he
THE CHILD is found; or
(b) By a person other than a parent, by
filing a petition seeking custody
of THE ALLOCATION OF PARENTAL RESPONSIBILITIES
FOR the child in the county where the child is permanently resident
or where he
THE CHILD is found, but only if the child is not in the physical
custody
CARE of one of his
THE CHILD'S parents;
(c) By a person other than a parent who
has had THE physical custody
CARE of a child for a period of six months or more, if such action
is commenced within six months of the termination of such physical
custody
CARE; or
(d) By a parent or person other than a
parent who has been granted custody
of a child OR WHO HAS BEEN ALLOCATED PARENTAL RESPONSIBILITIES
through a juvenile court order entered pursuant to section 191104 (6),
C.R.S., by filing a certified copy of the juvenile court order
in the county where the child is permanently resident. Such order
shall be treated in the district court as any other custody
decree issued in a child custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES.
(2) Except for a proceeding CONCERNING
THE ALLOCATION OF PARENTAL RESPONSIBILITIES commenced pursuant
to paragraph (d) of subsection (1) of this section, notice of
a child custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
shall be given to the child's parent, guardian, and custodian
OR PERSON ALLOCATED PARENTAL RESPONSIBILITIES, who may appear
and be heard and may file a responsive pleading. The court may,
upon a showing of good cause, permit the intervention of other
interested parties.
SECTION 4. 1410123.3,
Colorado Revised Statutes, is amended to read:
1410123.3. Requests for
parental responsibility for a child by grandparents. Whenever
a grandparent seeks legal custody
of PARENTAL RESPONSIBILITY FOR his
or her grandchild pursuant to the provisions of this article,
the court entering such order shall consider any credible evidence
of the grandparent's past conduct of child abuse or neglect.
Such evidence may include, but shall not be limited to, medical
records, school records, police reports, records of the state
central registry of child protection, and court records.
SECTION 5. 1410123.4,
Colorado Revised Statutes, is amended to read:
1410123.4. Rights of children
in matters relating to parental responsibilities. The
general assembly hereby declares that children have certain rights
in the determination of custody
MATTERS RELATING TO PARENTAL RESPONSIBILITIES, including the right
to have such determinations based upon the best interests of the
child.
SECTION 6. Repeal. 1410123.5,
Colorado Revised Statutes, is repealed as follows:
1410123.5. Joint custody.
(1) For the purposes of
this article, "joint custody" means an order awarding
legal custody of the minor child to both parties and providing
that all major decisions regarding the health, education, and
general welfare of the child shall be made jointly. The order
may designate one party as a residential custodian for the purpose
of determining the legal residence of the child. The order may
also provide that one party shall have a longer period of physical
custody of the child than the other party, but such provision
shall have no legal effect on the rights or responsibilities of
the parties with regard to joint custody. The order shall state
that, under emergency circumstances, it is sufficient for either
party to sign legal releases or to take any other necessary measures.
(2) Joint custody shall not eliminate
the duty of child support ordered pursuant to section 1410115,
nor shall joint custody alone constitute grounds for modification
of a support order. In making the determination of child support,
the court may consider, in addition to the factors specified in
section 1410115, the ability of each party to maintain
adequate housing for the child and may order modified support
payments to continue from one party to the other during a period
when the child is not residing in the home of the payee.
(3) In order to implement joint
custody, both parties may submit a plan or plans for the court's
approval. If no plan is submitted or if the court does not approve
a submitted plan, the court, on its own motion, shall formulate
a plan which shall address and resolve, where applicable, the
parties' arrangements for the following:
(a) The location of both parties,
the periods of time during which each party will have physical
custody of the child, and the legal residence of the child;
(b) The child's education;
(c) The child's religious training,
if any;
(d) The child's health care;
(e) Finances to provide for the
child's needs;
(f) Holidays and vacations; and
(g) Any other factors affecting
the physical or emotional health and wellbeing of the child.
(4) The court may order mediation
to assist the parties in formulating or modifying a plan or in
implementing a plan specified in subsection (3) of this section
and may allocate the cost of said mediation between the parties.
(5) The final plan specified in
subsection (3) of this section shall be jointly agreed to by the
parties.
(6) Repealed.
(7) Notwithstanding any other
provision of law to the contrary, access to information pertaining
to a minor child, including but not limited to medical, dental,
and school records, shall not be denied to the noncustodial parent.
(8) In the event of a dispute
about the necessity of or the type of medical treatment provided
to the minor child or children, either parent shall be allowed
to obtain necessary medical treatment for the minor child or children
without being in violation of the joint custody order or in contempt
of court.
SECTION 7. 1410123.6,
Colorado Revised Statutes, is amended to read:
1410123.6. Required notice
of prior restraining orders to prevent domestic abuse proceedings
concerning parental responsibilities relating to a child. When
filing a child custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
RELATING TO A CHILD pursuant to this article, the filing party
shall have a duty to disclose to the court the existence of any
prior temporary or permanent restraining orders to prevent domestic
abuse issued pursuant to article 4 of this title entered against
either party by any court within ninety days prior to the filing
of the child custody
proceeding. The disclosure required pursuant to this section
shall address the subject matter of the previous restraining orders,
including the case number and jurisdiction issuing such orders.
SECTION 8. 1410123.7 (2),
Colorado Revised Statutes, is amended to read:
1410123.7. Parental education
legislative declaration. (2) A
court may order a parent of a
WHOSE child IS under eighteen years of age to attend a program
designed to provide education concerning the impact of separation
and divorce on children in cases in which the parent of a minor
is a named party in a dissolution of marriage proceeding, a legal
separation proceeding, custody or
A PROCEEDING CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES,
parenting time proceedings, or postdecree proceedings involving
custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES or parenting time
or proceedings in which the parent is the subject of a restraining
order issued pursuant to this article.
SECTION 9. Article
10 of title 14, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
1410123.8. Access to records.
ACCESS TO INFORMATION PERTAINING TO A MINOR CHILD, INCLUDING
BUT NOT LIMITED TO MEDICAL, DENTAL, AND SCHOOL RECORDS, SHALL
NOT BE DENIED TO ANY PARTY ALLOCATED PARENTAL RESPONSIBILITIES,
UNLESS OTHERWISE ORDERED BY THE COURT FOR GOOD CAUSE SHOWN.
SECTION 10. 1410124,
Colorado Revised Statutes, is amended to read:
1410124. Best interests
of child. (1) Legislative
declaration. The general assembly finds and declares that
it is in the best interest of all parties to encourage frequent
and continuing contact between each parent and the minor children
of the marriage after the parents have separated or dissolved
their marriage. In order to effectuate this goal, the general
assembly urges parents to share the rights and responsibilities
of childrearing and to encourage the love, affection, and
contact between the children and the parents.
(1.5) Allocation of parental responsibilities. THE
COURT SHALL DETERMINE THE ALLOCATION OF PARENTAL RESPONSIBILITIES,
INCLUDING PARENTING TIME AND DECISIONMAKING RESPONSIBILITIES,
IN ACCORDANCE WITH THE BEST INTERESTS OF THE CHILD GIVING PARAMOUNT
CONSIDERATION TO THE PHYSICAL, MENTAL, AND EMOTIONAL CONDITIONS
AND NEEDS OF THE CHILD AS FOLLOWS:
(a) Determination of parenting time.
The court shall determine custody
in accordance with the best interests of the child.
The court, upon the motion of either party or upon its own motion,
may order joint or sole custody after
making a finding that joint or sole custody would be advantageous
to the child and in his best interests
MAKE PROVISIONS FOR PARENTING TIME THAT THE COURT FINDS ARE IN
THE CHILD'S BEST INTERESTS UNLESS THE COURT FINDS, AFTER A HEARING,
THAT PARENTING TIME BY THE PARTY WOULD ENDANGER THE CHILD'S PHYSICAL
HEALTH OR SIGNIFICANTLY IMPAIR THE CHILD'S EMOTIONAL DEVELOPMENT.
In determining the best interests of the child FOR PURPOSES OF
PARENTING TIME, the court shall consider all relevant factors,
including:
(a) (I) The
wishes of the child's parents as to his
custody PARENTING TIME;
(b) (II) The
wishes of the child as to his custodian
IF HE OR SHE IS SUFFICIENTLY MATURE TO EXPRESS REASONED AND INDEPENDENT
PREFERENCES AS TO THE PARENTING TIME SCHEDULE;
(c) (III) The
interaction and interrelationship of the child with his OR HER
parents, his OR HER siblings, and any other person who may significantly
affect the child's best interests;
(d) (IV) The
child's adjustment to his OR HER home, school, and community;
(e) (V) The
mental and physical health of all individuals involved, EXCEPT
THAT A DISABILITY ALONE SHALL NOT BE A BASIS TO DENY OR RESTRICT
PARENTING TIME;
(f) The ability of the custodian
to encourage the sharing of love, affection, and contact between
the child and the noncustodial party;
(g) Credible evidence of the ability
of the parties to cooperate and to make decisions jointly;
(h) Credible evidence of the
(VI) THE ability of the parties to encourage the sharing
of love, affection, and contact between the child and the other
party;
(i) (VII) Whether
the past pattern of involvement of the parties with the child
reflects a system of values, time commitment, and mutual support;
which would indicate an ability as
joint custodians to provide a positive and nourishing relationship
with the child;
(j) (VIII) The
physical proximity of the parties to each other as this relates
to the practical considerations of awarding
joint custody PARENTING TIME;
(k) Whether an award of joint
custody will promote more frequent or continuing contact between
the child and each of the parties;
(l) (IX) Whether
one of the parties has been a perpetrator of child abuse or neglect
under section 186401, C.R.S., or under the law of
any state, which factor shall be supported by credible evidence;
If the court makes a finding of fact
that one of the parties has been a perpetrator of child abuse
or neglect, then it shall not be in the best interests of the
child to award joint custody over the objection of the other party
or the guardian ad litem of the child.
(m) (X) Whether
one of the parties has been a perpetrator of spouse abuse as defined
in subsection (4) of this section, which factor shall be supported
by credible evidence; If the court
makes a finding of fact that one of the parents has been a perpetrator
of spouse abuse, then it shall not be in the best interests of
the child to award joint custody over the objection of the other
party or the guardian ad litem of the child, unless the court
finds that the parties are able to make shared decisions about
their children without physical confrontation and in a place and
manner which is not a danger to the abused spouse or the child.
(n) (XI) THE
ABILITY OF EACH PARTY TO PLACE THE NEEDS OF THE CHILD AHEAD OF
HIS OR HER OWN NEEDS.
(b) Allocation of decisionmaking
responsibility. THE COURT, UPON THE MOTION OF EITHER PARTY
OR ITS OWN MOTION, SHALL ALLOCATE THE DECISIONMAKING RESPONSIBILITIES
BETWEEN THE PARTIES BASED UPON THE BEST INTERESTS OF THE CHILD.
IN DETERMINING DECISIONMAKING RESPONSIBILITY, THE COURT
MAY ALLOCATE THE DECISIONMAKING RESPONSIBILITY WITH RESPECT
TO EACH ISSUE AFFECTING THE CHILD MUTUALLY BETWEEN BOTH PARTIES
OR INDIVIDUALLY TO ONE OR THE OTHER PARTY OR ANY COMBINATION THEREOF.
IN DETERMINING THE BEST INTERESTS OF THE CHILD FOR PURPOSES OF
ALLOCATING DECISIONMAKING RESPONSIBILITIES, THE COURT SHALL
CONSIDER, IN ADDITION TO THE FACTORS SET FORTH IN PARAGRAPH (a)
OF THIS SUBSECTION (1.5), ALL RELEVANT FACTORS INCLUDING:
(I) CREDIBLE EVIDENCE OF THE ABILITY OF
THE PARTIES TO COOPERATE AND TO MAKE DECISIONS JOINTLY;
(II) WHETHER THE PAST PATTERN OF INVOLVEMENT
OF THE PARTIES WITH THE CHILD REFLECTS A SYSTEM OF VALUES, TIME
COMMITMENT, AND MUTUAL SUPPORT THAT WOULD INDICATE AN ABILITY
AS MUTUAL DECISION MAKERS TO PROVIDE A POSITIVE AND NOURISHING
RELATIONSHIP WITH THE CHILD;
(III) WHETHER AN ALLOCATION OF MUTUAL
DECISIONMAKING RESPONSIBILITY ON ANY ONE OR A NUMBER OF
ISSUES WILL PROMOTE MORE FREQUENT OR CONTINUING CONTACT BETWEEN
THE CHILD AND EACH OF THE PARTIES;
(IV) WHETHER ONE OF THE PARTIES HAS BEEN
A PERPETRATOR OF CHILD ABUSE OR NEGLECT UNDER SECTION 186401,
C.R.S., OR UNDER THE LAW OF ANY STATE, WHICH FACTOR SHALL BE SUPPORTED
BY CREDIBLE EVIDENCE. IF THE COURT MAKES A FINDING OF FACT THAT
ONE OF THE PARTIES HAS BEEN A PERPETRATOR OF CHILD ABUSE OR NEGLECT,
THEN IT SHALL NOT BE IN THE BEST INTERESTS OF THE CHILD TO ALLOCATE
MUTUAL DECISIONMAKING WITH RESPECT TO ANY ISSUE OVER THE
OBJECTION OF THE OTHER PARTY OR THE REPRESENTATIVE OF THE CHILD.
(V) WHETHER ONE OF THE PARTIES HAS BEEN
A PERPETRATOR OF SPOUSE ABUSE AS DEFINED IN SUBSECTION (4) OF
THIS SECTION, WHICH FACTOR SHALL BE SUPPORTED BY CREDIBLE EVIDENCE.
IF THE COURT MAKES A FINDING OF FACT THAT ONE OF THE PARTIES
HAS BEEN A PERPETRATOR OF SPOUSE ABUSE, THEN IT SHALL NOT BE IN
THE BEST INTERESTS OF THE CHILD TO ALLOCATE MUTUAL DECISIONMAKING
RESPONSIBILITY OVER THE OBJECTION OF THE OTHER PARTY OR THE REPRESENTATIVE
OF THE CHILD, UNLESS THE COURT FINDS THAT THE PARTIES ARE ABLE
TO MAKE SHARED DECISIONS ABOUT THEIR CHILDREN WITHOUT PHYSICAL
CONFRONTATION AND IN A PLACE AND MANNER THAT IS NOT A DANGER TO
THE ABUSED PARTY OR THE CHILD.
(2) The court shall not consider conduct
of a proposed custodian
PARTY that does not affect his
THAT PARTY'S relationship to the child.
(3) In considering
a proposed custodian DETERMINING
PARENTING TIME OR DECISIONMAKING RESPONSIBILITIES, the court
shall not presume that any person is better able to serve the
best interests of the child because of that person's sex.
(4) If a parent
PARTY is absent or leaves home because of spouse abuse by the
other parent
PARTY, such absence or leaving shall not be a factor in determining
the best interests of the child. For the purpose of this subsection
(4), "spouse abuse" means the proven threat of or infliction
of physical pain or injury by a spouse OR A PARTY on the other
parent
PARTY.
(5) Repealed.
(6) IN THE EVENT OF A MEDICAL EMERGENCY,
EITHER PARTY SHALL BE ALLOWED TO OBTAIN NECESSARY MEDICAL TREATMENT
FOR THE MINOR CHILD OR CHILDREN WITHOUT BEING IN VIOLATION OF
THE ORDER ALLOCATING DECISIONMAKING RESPONSIBILITY OR IN
CONTEMPT OF COURT.
(7) IN ORDER TO IMPLEMENT AN ORDER ALLOCATING
PARENTAL RESPONSIBILITIES, BOTH PARTIES MAY SUBMIT A PARENTING
PLAN OR PLANS FOR THE COURT'S APPROVAL THAT SHALL ADDRESS BOTH
PARENTING TIME AND THE ALLOCATION OF DECISIONMAKING RESPONSIBILITIES.
IF NO PARENTING PLAN IS SUBMITTED OR IF THE COURT DOES NOT APPROVE
A SUBMITTED PARENTING PLAN, THE COURT, ON ITS OWN MOTION, SHALL
FORMULATE A PARENTING PLAN THAT SHALL ADDRESS PARENTING TIME AND
THE ALLOCATION OF DECISIONMAKING RESPONSIBILITIES.
(8) THE COURT MAY ORDER MEDIATION, PURSUANT
TO SECTION 1322311, C.R.S., TO ASSIST THE PARTIES
IN FORMULATING OR MODIFYING A PARENTING PLAN OR IN IMPLEMENTING
A PARENTING PLAN SPECIFIED IN SUBSECTION (7) OF THIS SECTION AND
MAY ALLOCATE THE COST OF SAID MEDIATION BETWEEN THE PARTIES.
SECTION 11. 1410125,
Colorado Revised Statutes, is amended to read:
1410125. Temporary orders.
(1) A party to a custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
may move for a temporary custody
order. The court may award temporary
custody ALLOCATE TEMPORARY PARENTAL
RESPONSIBILITIES, INCLUDING TEMPORARY PARENTING TIME AND TEMPORARY
DECISIONMAKING RESPONSIBILITY, after a hearing.
(2) If a proceeding for dissolution of
marriage or legal separation is dismissed, any temporary custody
order CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES is
vacated unless a parent or the child's
custodian PERSON ALLOCATED PARENTAL
RESPONSIBILITIES moves that the proceeding continue as a custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
and the court finds, after a hearing, that the circumstances of
the parents and the best interests of the child require that a
custody
decree CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
be issued.
(3) If a custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
commenced in the absence of a petition for dissolution of marriage
or legal separation is dismissed, any temporary custody
order CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES is
vacated.
SECTION 12. 1410126 (1),
Colorado Revised Statutes, is amended to read:
1410126. Interviews.
(1) The court may interview the child in chambers
to ascertain the child's wishes as to his
custodian 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 be made part of the record in the case.
SECTION 13. The
introductory portion to 1410127 (1) (a) (I)
and 1410127 (2), (3), (4), (6) (b), and (7), Colorado
Revised Statutes, are amended to read:
1410127. Evaluation and
reports. (1) (a) (I) In
all custody
proceedings CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
WITH RESPECT TO A CHILD, the court shall, upon motion of either
party or may
upon its own motion, order the court probation department, any
county or district social services department, or a licensed mental
health professional qualified pursuant to subsection (4) of this
section to perform an evaluation and file a written report concerning
custodial
THE DISPUTED ISSUES RELATING TO THE ALLOCATION OF PARENTAL RESPONSIBILITIES
or parenting time arrangements, or both, for the child, unless
such motion by either party is made for the purpose of delaying
the proceedings. No later than January 1, 1990, any court or
social services department personnel appointed by the court to
do such evaluation shall be qualified pursuant to subsection (4)
of this section. When a mental health professional performs the
evaluation, the court shall appoint or approve the selection of
the mental health professional. The moving party shall, at the
time of the appointment of the evaluator, deposit a reasonable
sum with the court to pay the cost of the evaluation. The court
may order the reasonable charge for such evaluation and report
to be assessed as costs between the parties. The court shall
appoint another mental health professional to perform a supplemental
evaluation at the initial expense of the moving party. unless
The court SHALL NOT ORDER A SUPPLEMENTAL EVALUATION IF IT determines
that any of the following applies, based on motion and supporting
affidavits:
(A) Such motion is interposed for purposes
of delay;
(B) A party objects, and the party who
objects or the child has a physical or mental condition which
THAT would make it harmful for such party or the child to participate
in the supplemental evaluation;
(C) The purpose of such motion is to harass
or oppress the other party;
(D) The moving party has failed or refused
to cooperate with the first evaluation; or
(E) The weight of the evidence other than
the custody
evaluation CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
OR PARENTING TIME by the mental health professional demonstrates
that a second evaluation would not be of benefit to the court
in determining custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES AND PARENTING TIME.
(2) In preparing his
THE report concerning a child, the evaluator may consult any person
who may have information about the child and his
THE CHILD'S potential custodial
PARENTING arrangements. Upon order of the court, the evaluator
may refer the child to other professional personnel for diagnosis.
The evaluator may consult with and obtain information from medical,
mental health, educational, or other expert persons who have served
the child in the past without obtaining the consent of the parent
or the child's custodian
PERSON ALLOCATED PARENTAL RESPONSIBILITIES FOR THE CHILD; but
the child's consent must be obtained if he
THE CHILD has reached the age of fifteen YEARS unless the court
finds that he
THE CHILD lacks mental capacity to consent. If the requirements
of subsections (3) to (7) of this section are fulfilled, the evaluator's
report may be received in evidence at the hearing.
(3) The evaluator shall mail his
THE report to the court and to counsel and to any party not represented
by counsel at least twenty days prior to the hearing. The evaluator
shall make available to counsel and to any party not represented
by counsel his OR HER file of underlying data and reports, complete
texts of diagnostic reports made to the evaluator pursuant to
the provisions of subsections (2), (5), and (6) of this section,
and the names and addresses of all persons whom the evaluator
has consulted. Any party to the proceeding may call the evaluator
and any person WITH whom he
THE EVALUATOR has consulted for crossexamination. No party
may waive his OR HER right of crossexamination prior to
the hearing.
(4) A person shall not be allowed to testify
regarding a custody
PARENTAL RESPONSIBILITIES or parenting time evaluation which
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) The effects of divorce and remarriage
on children, adults, and families;
(b) Appropriate parenting techniques;
(c) Child development, including cognitive,
personality, emotional, and psychological development;
(d) Child and adult psychopathology;
(e) Applicable clinical assessment techniques;
and
(f) Applicable legal and ethical requirements
of child custody
PARENTAL RESPONSIBILITIES evaluation.
(6) (b) A mental health professional
may make recommendations even though all parties and the child
have not been evaluated by the same mental health professional
in the following circumstances if the mental health professional
states with particularity in his OR HER opinion the limitations
of his OR HER findings and recommendations:
(I) Any of the parties reside outside
Colorado and it would not be feasible for all parties and the
child to be evaluated by the same mental health professional;
or
(II) One party refuses or is unable to
cooperate with the courtordered evaluation; or
(III) The mental health professional is
a member of a team of professionals which
THAT performed the child custody
evaluation and is presenting recommendations of the team which
THAT has interviewed and assessed all parties to the dispute.
(7) (a) A written report of the evaluation
shall be provided to the court and to the parties pursuant to
subsection (3) of this section.
(b) The report of the evaluation shall
include, but need not be limited to, the following information:
(I) A description of the procedures employed
during the evaluation;
(II) A report of the data collected;
(III) A conclusion which
THAT explains how the resulting recommendations were reached from
the data collected, with specific reference to criteria listed
in section 1410124 (1.5), and, if applicable, to the
criteria listed in sections
SECTION 1410131, and 1410131.5,
and their relationship to the results of the evaluation;
(IV) Recommendations concerning custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES FOR THE CHILD, INCLUDING
DECISIONMAKING RESPONSIBILITY, parenting time, and other
considerations; and
(V) An explanation of any limitations
in the evaluations or any reservations regarding the resulting
recommendations.
SECTION 140 1410128
(1), (3), and (4), Colorado Revised Statutes, are amended to read:
1410128. Hearings.
(1) Custody
Proceedings CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
WITH RESPECT TO A CHILD shall receive priority in being set for
hearing.
(3) The court without a jury shall determine
questions of law and fact. If it finds that a public hearing
may be detrimental to the child's best interests, the court may
exclude the public from a custody
hearing CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
but may admit any person who has a direct and legitimate interest
in the particular case or a legitimate educational or research
interest in the work of the court.
(4) If the court finds it necessary in
order to protect the child's welfare that the record of any interview,
report, investigation, or testimony in a custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
be kept secret, the court shall make an appropriate order sealing
the record.
SECTION 150 1410129
(1), (2), and (3) (a), Colorado Revised Statutes, are amended,
and the said 1410129 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
1410129. Modification of
parenting time. (1) A
parent not granted custody of the child is entitled to reasonable
parenting time rights unless the court finds, after a hearing,
that parenting time by the parent would endanger the child's physical
health or significantly impair the child's emotional development.
(2) The
court may make or modify an order granting or denying parenting
time rights whenever such order or modification would serve the
best interests of the child; but the court shall not restrict
a parent's parenting time rights unless it finds that the parenting
time would endanger the child's physical health or significantly
impair the child's emotional development. Nothing in this section
shall be construed to affect grandparent visitation granted pursuant
to section 191117, C.R.S.
(1.5) IF A MOTION FOR A SUBSTANTIAL MODIFICATION
OF PARENTING TIME WHICH ALSO CHANGES THE PARTY WITH WHOM THE CHILD
RESIDES A MAJORITY OF THE TIME HAS BEEN FILED, WHETHER OR NOT
IT HAS BEEN GRANTED, NO SUBSEQUENT MOTION MAY BE FILED WITHIN
TWO YEARS AFTER DISPOSITION OF THE PRIOR MOTION UNLESS THE COURT
DECIDES, ON THE BASIS OF AFFIDAVITS, THAT THE CHILD'S PRESENT
ENVIRONMENT MAY ENDANGER THE CHILD'S PHYSICAL HEALTH OR SIGNIFICANTLY
IMPAIR THE CHILD'S EMOTIONAL DEVELOPMENT.
(2) THE COURT SHALL NOT MODIFY A PRIOR ORDER CONCERNING PARENTING TIME THAT SUBSTANTIALLY CHANGES THE PARENTING TIME AS WELL AS CHANGES THE PARTY WITH WHOM THE CHILD RESIDES A MAJORITY OF THE TIME UNLESS IT FINDS, UPON THE BASIS OF FACTS THAT HAVE ARISEN SINCE THE PRIOR DECREE OR THAT WERE UNKNOWN TO THE COURT AT THE TIME OF THE PRIOR DECREE, THAT A CHANGE HAS OCCURRED IN THE CIRCUMSTANCES OF THE CHILD OR THE PARTY WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME AND THAT THE MODIFICATION IS NECESSARY TO SERVE THE BEST INTERESTS OF THE CHILD. IN APPLYING THESE STANDARDS, THE COURT SHALL RETAIN THE PARENTING TIME SCHEDULE ESTABLISHED IN THE PRIOR DECREE UNLESS:
(a) THE PARTIES AGREE TO THE MODIFICATION;
(b) THE CHILD HAS BEEN INTEGRATED INTO
THE FAMILY OF THE MOVING PARTY WITH THE CONSENT OF THE OTHER PARTY;
OR
(c) THE CHILD'S PRESENT ENVIRONMENT ENDANGERS
THE CHILD'S PHYSICAL HEALTH OR SIGNIFICANTLY IMPAIRS THE CHILD'S
EMOTIONAL DEVELOPMENT AND THE HARM LIKELY TO BE CAUSED BY A CHANGE
OF ENVIRONMENT IS OUTWEIGHED BY THE ADVANTAGE OF A CHANGE TO THE
CHILD.
(3) (a) If a noncustodial
parent has been convicted of any of the crimes listed in paragraph
(b) of this subsection (3), or convicted of any crime in which
the underlying factual basis has been found by the court on the
record to include an act of domestic violence, as defined in section
186800.3 (1), C.R.S., which
THAT constitutes a potential threat or endangerment to the child,
the custodial
OTHER parent, or any other person who has been granted custody
of OR PARENTAL RESPONSIBILITY FOR the child pursuant to court
order may file an objection to parenting time with the court.
The custodial
OTHER parent or other person having custody OR PARENTAL RESPONSIBILITY
shall give notice to the noncustodial
OFFENDING parent of such objection as provided by the Colorado
rules of civil procedure, and the noncustodial
OFFENDING parent shall have twenty days from such notice to respond.
If the noncustodial
OFFENDING parent fails to respond within twenty days, the parenting
time rights of the noncustodial
SUCH parent shall be suspended until further order of the court.
If the noncustodial
SUCH parent responds and objects, a hearing shall be held within
thirty days of such response. The court may determine that any
noncustodial
OFFENDING parent who responds and objects shall be responsible
for the costs associated with any hearing, including reasonable
attorney fees incurred by the custodial
OTHER parent. In making such determination, the court shall consider
the criminal record of the noncustodial
OFFENDING parent and any actions to harass the custodial
OTHER parent and the children, any mitigating actions by the noncustodial
OFFENDING parent, and whether the actions of either parent have
been substantially frivolous, substantially groundless, or substantially
vexatious. The noncustodial
OFFENDING parent shall have the burden at the hearing to prove
that parenting time by the noncustodial
SUCH parent is in the best interests of the child or children.
SECTION 160 The introductory portion
to 1410129.5 (2) and 1410129.5 (2) (f),
Colorado Revised Statutes, are amended to read:
1410129.5. Disputes concerning
parenting time. (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, shall issue
an order which
THAT may include but not be limited to one or more of the following
orders:
(f) An order scheduling a hearing for
modification of THE EXISTING ORDER CONCERNING custody OR THE ALLOCATION
OF PARENTAL RESPONSIBILITIES with respect to a motion filed pursuant
to section 1410131; or
1410131.5;
SECTION 170 1410130,
Colorado Revised Statutes, is amended to read:
1410130. Judicial supervision.
(1) Except as otherwise agreed by the parties in writing
at the time of the custody
decree CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES
WITH RESPECT TO A CHILD, the custodian
PERSON OR PERSONS WITH RESPONSIBILITY FOR DECISIONMAKING
may determine the child's upbringing, including his OR HER education,
health care, and religious training, unless the court, after hearing
and upon motion by the noncustodial
parent OTHER PARTY, finds that, in
the absence of a specific limitation of the custodian's
PERSON'S OR PERSONS' DECISIONMAKING authority, the child's
physical health would be endangered or his
THE CHILD'S emotional development significantly impaired.
(2) If both parents
PARTIES or all contestants agree to the order or if the court
finds that in the absence of the order the child's physical health
would be endangered or the child's emotional development significantly
impaired, the court may order the county or district welfare department
or the court's probation department to exercise continuing supervision
over the case to assure that the custodial
TERMS RELATING TO THE ALLOCATION OF PARENTAL RESPONSIBILITIES
WITH RESPECT TO THE CHILD or parenting time terms of the decree
are carried out.
SECTION 180 1410131,
Colorado Revised Statutes, is amended to read:
1410131. Modification of
custody or decisionmaking responsibility.
(1) If a motion for modification of a CUSTODY decree
granting custody to one party
OR A DECREE ALLOCATING DECISIONMAKING RESPONSIBILITY has
been filed, whether or not it was granted, no subsequent motion
may be filed within two years after disposition of the prior motion
unless the court decides, on the basis of affidavits, that there
is reason to believe that the child's
present environment A CONTINUATION
OF THE PRIOR DECREE OF CUSTODY OR ORDER ALLOCATING DECISIONMAKING
RESPONSIBILITY may endanger his
THE CHILD'S physical health or significantly impair his
THE CHILD'S emotional development.
(2) The court shall not modify a prior
custody decree granting custody to
one party OR A DECREE ALLOCATING
DECISIONMAKING RESPONSIBILITY unless it finds, upon the
basis of facts that have arisen since the prior decree or that
were unknown to the court at the time of the prior decree, that
a change has occurred in the circumstances of the child or his
THE CHILD'S custodian OR PARTY TO WHOM DECISIONMAKING RESPONSIBILITY
WAS ALLOCATED and that the modification is necessary to serve
the best interests of the child. In applying these standards,
the court shall retain the custodian
THE ALLOCATION OF DECISIONMAKING RESPONSIBILITY established
by the prior decree unless:
(a) The custodian
agrees PARTIES AGREE to the modification;
(b) The child has been integrated into
the family of the petitioner with the consent of the custodian
or OTHER PARTY AND SUCH SITUATION
WARRANTS A MODIFICATION OF THE ALLOCATION OF DECISIONMAKING
RESPONSIBILITIES;
(b.5) THERE HAS BEEN A MODIFICATION IN
THE PARENTING TIME ORDER PURSUANT TO SECTION 1410129,
THAT WARRANTS A MODIFICATION OF THE ALLOCATION OF DECISIONMAKING
RESPONSIBILITIES;
(b.7) A PARTY HAS CONSISTENTLY CONSENTED
TO THE OTHER PARTY MAKING INDIVIDUAL DECISIONS FOR THE CHILD WHICH
DECISIONS THE PARTY WAS TO MAKE INDIVIDUALLY OR THE PARTIES WERE
TO MAKE MUTUALLY; OR
(c) The child's
present environment endangers his
THE RETENTION OF THE ALLOCATION OF DECISIONMAKING RESPONSIBILITY
WOULD ENDANGER THE CHILD'S physical health or significantly impairs
his THE
CHILD'S emotional development and the harm likely to be caused
by a change of environment is outweighed by the advantage of a
change to the child.
SECTION 190 Repeal. 1410131.5,
Colorado Revised Statutes, is repealed as follows:
1410131.5. Joint custody
modification termination. (1) Except
as provided in subsection (3) of this section, an award of joint
custody may be modified or terminated upon motion of one or both
parties or on the court's own motion, if such modification or
termination is in the best interest of the child, as specified
in section 1410124 (1.5), and the harm likely to be
caused by the change of environment is outweighed by the advantage
of such change to the child. The court shall also take into consideration
the pattern of involvement of the parties with the child.
(2) No motion for modification
of joint custody may be filed within two years after disposition
of a prior motion for modification unless the parties stipulate
to such a change or the court decides on the basis of affidavits
that adequate cause for hearing the motion is established, in
which case the court shall set a date for a hearing on the motion.
(3) When a motion to modify joint
custody is filed, the burden of proof is on the party seeking
a change, and the standard is by a preponderance of the evidence.
(4) Any order awarding custody
of a minor child entered by a court of this state or any order
of a court in another state which is enforceable by a court of
this state pursuant to section 1410123 may be modified
from sole custody to joint custody at any time pursuant to this
section.
SECTION 200 Article 10 of title
14, Colorado Revised Statutes, is amended BY THE ADDITION OF THE
FOLLOWING NEW SECTIONS to read:
1410131.7. Designation
of custody for the purpose of other state and federal statutes.
FOR PURPOSES OF ALL OTHER STATE AND FEDERAL STATUTES THAT REQUIRE
A DESIGNATION OR DETERMINATION OF CUSTODY, THE PARENTING PLAN
SET FORTH IN THE COURT'S ORDER SHALL IDENTIFY THE RESPONSIBILITIES
OF EACH OF THE PARTIES.
1410131.8. Construction
of 1999 revisions. THE ENACTMENT OF THE
1999 REVISIONS TO THIS ARTICLE DOES NOT CONSTITUTE SUBSTANTIALLY
CHANGED CIRCUMSTANCES FOR THE PURPOSES OF MODIFYING DECREES INVOLVING
CHILD CUSTODY, PARENTING TIME, OR GRANDPARENT VISITATION. ANY
ACTION TO MODIFY ANY DECREE INVOLVING CHILD CUSTODY, PARENTING
TIME, GRANDPARENT VISITATION, OR A PARENTING PLAN SHALL BE GOVERNED
BY THE PROVISIONS OF THIS ARTICLE.
SECTION 210 1410132,
Colorado Revised Statutes, is amended to read:
1410132. Affidavit practice.
A party seeking the modification of a custody decree OR A DECREE
CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES shall submit,
together with his OR HER moving papers, an affidavit setting forth
facts supporting the requested modification and shall give notice,
together with a copy of his OR HER affidavit, to other parties
to the proceeding, who may file opposing affidavits. The court
shall deny the motion unless it finds that adequate cause for
hearing the motion is established by the affidavits, in which
case it shall set a date for hearing on an order to show cause
why the requested modification should not be granted.
SECTION 220 1016104
(6) (c) and (6) (d), Colorado Revised Statutes, are amended to
read:
1016104. Mandatory coverage
provisions. (6) Dependent
children. (c) When a dependent child is enrolled
in a noncustodial parent's
health insurance plan OF A PARENT WITH WHOM THE CHILD RESIDES
LESS THAN FIFTY PERCENT OF THE TIME, the entity described in paragraph
(a) of this subsection (6) shall:
(I) Provide to the dependent child's custodial
parent WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME information
that is necessary for the dependent child to obtain medical benefits
and services;
(II) Allow the custodial
parent DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), the
health care provider with the custodial
SUCH parent's approval, or the state to submit claims for covered
services without the approval of the noncustodial
OTHER parent;
(III) Make payments directly to the custodial
parent DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), the
health care provider, or the state medical assistance agency on
claims submitted pursuant to subparagraph (II) of this paragraph
(c).
(d) Whenever a noncustodial
parent of a dependent child WITH WHOM THE CHILD RESIDES LESS THAN
FIFTY PERCENT OF THE TIME is subject to a court or an administrative
order to provide health care coverage for the dependent child,
and the noncustodial
SUCH parent is eligible for family health care coverage through
the noncustodial
parent's employment, the entity described in paragraph (a) of
this subsection (6) shall:
(I) Permit the
noncustodial SUCH parent to enroll
the dependent child under the family coverage plan, regardless
of any enrollment season restriction;
(II) Enroll the dependent child upon application
for enrollment by the custodial
parent WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME, the
state medical assistance agency, or the state child support enforcement
agency or a delegate child support enforcement unit if the noncustodial
parent WITH WHOM THE CHILD RESIDES LESS THAN FIFTY PERCENT OF
THE TIME is enrolled in a family coverage plan but fails to enroll
the dependent child, regardless of any enrollment restrictions;
(III) Not cancel or revoke enrollment
of the dependent child, or eliminate coverage for the dependent
child, unless the insurer is provided with satisfactory written
proof that:
(A) The court or administrative order
for health care coverage is no longer in effect; or
(B) The child is or will be enrolled in
a comparable plan through another insurer, which enrollment takes
effect no later than the effective date of the cancellation or
revocation of enrollment or the elimination of coverage.
SECTION 230 135301
(3) (e) (V), Colorado Revised Statutes, is amended to read:
135301. Family law magistrates
qualifications duties.
(3) Subject to the provision that no magistrate may
preside in any trial by jury, family law magistrates shall have
the following duties, powers, and authority:
(e) To conduct hearings under the "Uniform
Dissolution of Marriage Act", article 10 of title 14, C.R.S.,
including:
(V) Parenting time, and the modification
thereof, including motions to restrict parenting time or parental
contact, where custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES is not an issue;
SECTION 240 136105
(1) (d), Colorado Revised Statutes, is amended to read:
136105. Specific limits
on civil jurisdiction. (1) The
county court shall have no civil jurisdiction except that specifically
conferred upon it by law. In particular, it shall have no jurisdiction
over the following matters:
(d) Matters affecting children, including
custody,
THE ALLOCATION OF PARENTAL RESPONSIBILITIES, support, guardianship,
adoption, dependency, or delinquency;
SECTION 250 138124,
Colorado Revised Statutes, is amended to read:
138124. Appellate review.
Appellate review of any order, decree, or judgment may be taken
to the supreme court or the court of appeals, as provided by law
and the Colorado appellate rules. Initials shall appear on the
record on appeal in place of the name of the child. Appeals from
orders or decrees concerning legal custody, THE ALLOCATION OF
PARENTAL RESPONSIBILITIES, termination of parentchild legal
relationships, and adoptions shall be advanced upon the calendar
of the supreme court or of the court of appeals and shall be decided
at the earliest practicable time.
SECTION 260 1320206,
Colorado Revised Statutes, is amended to read:
1320206. Unlawful to name
correspondent. It is unlawful for any
person, either as litigant or attorney, to file, cause to be filed,
threaten to file, or threaten to cause to be filed in any court
of this state any pleading or paper naming or describing in such
manner as to identify any person as correspondent or participant
in misconduct of the adverse party in any action for dissolution
of marriage, legal separation, declaration of invalidity of marriage,
or custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES or support of children,
or in any citation or proceeding ancillary or subsequent to such
action. In all such cases it is sufficient for such pleader to
designate any such correspondent or third party in general language
which
THAT is not sufficient for identification, and such general language
shall operate with the same legal effect as complete naming and
identification of the person would do; except that the adverse
party may file a motion for a bill of particulars to secure such
name, identity, or other facts. The granting of such motion,
in whole or in part, rests in the sound discretion of the court;
and, if ordered granted, the bill of particulars shall set forth
the information specifically required by said order, but no further,
and when filed the same shall be sealed, not to be opened without
an order of the court. If the motion for a bill of particulars
is granted, the party named in said bill of particulars shall
be given five days' notice in writing prior to the filing of the
same, said notice to be given either by personal service or by
registered mail addressed to his lastknown address.
SECTION 270 1321107.5
(1) (a) and (3), Colorado Revised Statutes, are amended to read:
1321107.5. Civil damages
for loss caused by theft. (1) As used
in this section, unless the context otherwise requires:
(a) "Emancipated minor" means
an individual under the age of eighteen years whose parents or
guardian have surrendered PARENTAL RESPONSIBILITIES OR CUSTODY,
the right to the care, custody,
and earnings of such individual and are no longer under a duty
to support or maintain such individual.
(3) The parents or guardian having custody
of OR PARENTAL RESPONSIBILITIES WITH RESPECT TO an unemancipated
minor who takes possession of any merchandise from any mercantile
establishment without the consent of the owner, without paying
the purchase price, and with the intention of converting such
merchandise to his own use or who alters the price indicia of
any merchandise shall be civilly liable to the owner for actual
damages plus a penalty payable to the owner of not less than one
hundred dollars nor more than two hundred fifty dollars.
SECTION 280 1322102,
Colorado Revised Statutes, is amended to read:
1322102. Minors
consent for medical care and treatment for addiction to or use
of drugs. Notwithstanding any other provision
of law, any physician licensed to practice in this state, upon
consultation by a minor as a patient, with the consent of such
minor patient, may examine, prescribe for, and treat such minor
patient for addiction to or use of drugs without the consent of
or notification to the parent, parents, or legal guardian of such
minor patient, or to any other person having custody OR DECISIONMAKING
RESPONSIBILITY WITH RESPECT TO THE MEDICAL CARE of such minor
patient. In any such case the physician or any person acting
pursuant to the minor's direction shall incur no civil or criminal
liability by reason of having made such examination or prescription
or having rendered such treatment, but this immunity shall not
apply to any negligent acts or omissions by the physician or any
person acting pursuant to his
THE PHYSICIAN'S direction.
SECTION 290 1322106 (2) (a) and (2) (b), Colorado Revised Statutes, are amended to read:
1322106. Minors
consent sexual assault. (2) (a) Prior
to examining or treating a minor pursuant to subsection (1) of
this section, a physician shall make a reasonable effort to notify
the parent, parents, legal guardian, or any other person having
custody OR DECISIONMAKING RESPONSIBILITY WITH RESPECT TO
THE MEDICAL CARE of such minor of the sexual assault.
(b) So long as the minor has consented,
the physician may examine and treat the minor as provided for
in subsection (1) of this section whether or not the physician
has been able to make the notification provided for in paragraph
(a) of this subsection (2) and whether or not those notified have
given consent, but, if the person having custody OR DECISIONMAKING
RESPONSIBILITY WITH RESPECT TO THE MINOR'S MEDICAL CARE objects
to treatment, then the physician shall proceed under the provisions
of part 3 of article 3 of title 19, C.R.S.
SECTION 300 142106
(1) (a) (I), Colorado Revised Statutes, is amended to read:
142106. License to marry.
(1) (a) When a marriage application has been
completed and signed by both parties to a prospective marriage
and at least one party has appeared before the county clerk and
recorder and has paid the marriage license fee of seven dollars
plus an additional fee of ten dollars, except as provided in paragraph
(c) of this subsection (1), such additional fee to be credited
to the Colorado children's trust fund pursuant to section 193.5106,
C.R.S., and an additional amount established pursuant to section
252121, C.R.S., such amount to be credited to the
vital statistics records cash fund pursuant to section 252121,
C.R.S., the county clerk shall issue a license to marry and a
marriage certificate form upon being furnished:
(I) Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has the consent of both parents or guardian or, if the parents are not living together, the parent who has legal custody OR DECISIONMAKING RESPONSIBILITY CONCERNING SUCH MATTERS or with whom the child is living or judicial approval, as provided in section 142108; or, if under the age of sixteen years, has both the consent to the marriage of both parents or guardian or, if the parents are not living together, the parent who has legal custody OR DECISIONMAKING RESPONSIBILITY CONCERNING SUCH MATTERS or with whom the child is living and judicial approval, as provided in section 142108; and
SECTION 310 142108
(1) (b), Colorado Revised Statutes, is amended to read:
142108. Judicial approval.
(1) The juvenile court, as defined in section 191103
(17), C.R.S., after a reasonable effort has been made to notify
the parents or guardian of each underaged party, may order the
county clerk and recorder to issue a marriage license and a marriage
certificate form:
(b) To a party under the age of sixteen
years who has the consent to his OR HER marriage of both parents,
if capable of giving consent, or his OR HER guardian or, if the
parents are not living together, the parent who has legal custody
OR DECISIONMAKING RESPONSIBILITY CONCERNING SUCH MATTERS
or with whom the child is living.
SECTION 320 1451001,
Colorado Revised Statutes, is amended to read:
1451001. Venue.
Venue in an initiating proceeding is proper in any county in
which the child resides or is physically present, or in any county
where a child support order exists, or in any county where public
assistance is or was being paid on behalf of the child. Venue
in a responding proceeding is proper in any county where the obligor
parent resides, or in any county where the obligor parent is employed
or derives income, or in any county where a child support order
exists, or in any county where public assistance is or was being
paid on behalf of the child. The tribunal shall not decline or
refuse to accept and forward the complaint on the ground that
it should be filed with some other tribunal of this or any other
state where there is pending another action for divorce, separation,
annulment, dissolution, habeas corpus, adoption, or
custody OR THE ALLOCATION OF PARENTAL
RESPONSIBILITIES between the same parties.
SECTION 330 1410105
(2), Colorado Revised Statutes, is amended to read:
1410105. Application of
Colorado rules of civil procedure. (2) A
proceeding for dissolution of marriage, legal separation, or declaration
of invalidity of marriage shall be entitled "In re the Marriage
of ........ and ..........". A custody
PROCEEDING FOR THE ALLOCATION OF PARENTAL RESPONSIBILITIES or
A support proceeding shall be entitled "In re the (Custody)
(PARENTAL RESPONSIBILITIES CONCERNING) (Support)
of (SUPPORT OF) ..........".
SECTION 340 1410106
(1) (b), Colorado Revised Statutes, is amended to read:
1410106. Dissolution of
marriage legal separation. (1) (b) In
connection with every decree of dissolution of marriage and to
the extent of its jurisdiction to do so, the court shall consider,
approve, or make provision for child
custody, ALLOCATE PARENTAL RESPONSIBILITIES
WITH RESPECT TO ANY CHILD OF THE MARRIAGE, the support of any
child of the marriage who is entitled to support, the maintenance
of either spouse, and the disposition of property; but the entry
of a decree with respect to custody,
PARENTAL RESPONSIBILITIES, support, maintenance, or disposition
of property may be deferred by the court until a time subsequent
to the decree of dissolution of marriage upon a finding that such
deferral is necessary in the best interests of the parties.
SECTION 350 1410107
(2) (e), Colorado Revised Statutes, is amended to read:
1410107. Commencement
pleadings abolition of existing defenses automatic,
temporary injunction enforcement.
(2) The petition in a proceeding for dissolution of
marriage or legal separation shall allege that the marriage is
irretrievably broken and shall set forth:
(e) Any arrangements as to the custody
ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILDREN
OF THE MARRIAGE and support of the children and the maintenance
of a spouse; and
SECTION 360 1410107.7,
Colorado Revised Statutes, is amended to read:
1410107.7. Required notice
of involvement with department of human services.
When filing a petition for dissolution of marriage or legal separation,
a petition in support or custody proceedings,
PROCEEDINGS FOR THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH
RESPECT TO THE CHILDREN OF THE MARRIAGE, or any other matter pursuant
to this article with the court, if the parties have joint legal
responsibility for a child for whom the petition seeks an order
of child support, the parties shall be required to indicate on
a form prepared by the court whether or not the parties or the
dependent children of the parties have received within the last
five years or are currently receiving benefits or public assistance
from either the state department of human services or county department
of social services. If the parties indicate that they have received
such benefits or assistance, the court shall inform the appropriate
delegate child support enforcement unit so that the unit can determine
whether any support enforcement services are required. There
shall be no penalty for failure to report as specified in this
section.
SECTION 370 1410108
(1) and (2.5), Colorado Revised Statutes, are amended to read:
1410108. Temporary order
or temporary injunction. (1) In
a proceeding for dissolution of marriage, legal separation, child
custody, THE ALLOCATION OF PARENTAL
RESPONSIBILITIES, or declaration of invalidity of marriage or
a proceeding for disposition of property, maintenance, or support
following dissolution of the marriage, either party may move for
temporary payment of debts, use of property, maintenance, custody,
PARENTAL RESPONSIBILITIES, support of a child of the marriage
entitled to support, or payment of attorney fees. The motion may
be supported by an affidavit setting forth the factual basis for
the motion and the amounts requested.
(2.5) As part of a temporary restraining
order, the court may award interim legal
custody DECISIONMAKING RESPONSIBILITY
of a child to a person entitled to bring a
custody AN action FOR THE ALLOCATION
OF PARENTAL RESPONSIBILITIES under section 1410123,
when such award is reasonably related to preventing domestic abuse
as defined in section 144101 (2) or preventing the
child from witnessing domestic abuse. The interim legal
custody DECISIONMAKING RESPONSIBILITY
order may be modified or dissolved, based upon the best interests
of the child as set forth in section 1410124, at a
subsequent temporary or permanent orders hearing or as otherwise
provided by subsection (6) of this section or as otherwise ordered
by the court. The interim legal custody
DECISIONMAKING RESPONSIBILITY order may be issued without
notice to the other party only if the court finds that irreparable
injury would result to the moving party or the child if no order
were issued until the time for responding to the motion had elapsed.
The interim legal custody
DECISIONMAKING RESPONSIBILITY order shall be without prejudice
to the rights of the parties or child at subsequent hearings in
the proceedings. The interim legal
custody DECISIONMAKING RESPONSIBILITY
order may provide for parenting time for any other party.
SECTION 380 1410111
(6), Colorado Revised Statutes, is amended to read:
1410111. Declaration of
invalidity. (6) The provisions
of this article relating to the property rights of spouses, maintenance,
and support OF and custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE
of children
on dissolution of marriage are applicable to decrees of invalidity
of marriage.
SECTION 390 1410112
(1), (2), and (6), Colorado Revised Statutes, are amended to read:
1410112. Separation agreement.
(1) To promote the amicable settlement of disputes
between the parties to a marriage attendant upon their separation
or the dissolution of their marriage, the parties may enter into
a written separation agreement containing provisions for the maintenance
of either of them, the disposition of any property owned by either
of them, and the custody,
ALLOCATION OF PARENTAL RESPONSIBILITIES, support, and parenting
time of their children.
(2) In a proceeding for dissolution of
marriage or for legal separation, the terms of the separation
agreement, except terms providing for the
custody, THE ALLOCATION OF PARENTAL
RESPONSIBILITIES, support, and parenting time of children, are
binding upon the court unless it finds, after considering the
economic circumstances of the parties and any other relevant evidence
produced by the parties, on their own motion or on request of
the court, that the separation agreement is unconscionable.
(6) Except for terms concerning the support,
custody,
THE ALLOCATION OF DECISIONMAKING RESPONSIBILITY, or parenting
time of children, the decree may expressly preclude or limit modification
of terms set forth in the decree if the separation agreement so
provides.
SECTION 400 1410113
(1) (c), Colorado Revised Statutes, is amended to read:
1410113. Disposition of
property. (1) (c) The
economic circumstances of each spouse at the time the division
of property is to become effective, including the desirability
of awarding the family home or the right to live therein for reasonable
periods to the spouse having custody
of any children; WITH WHOM ANY CHILDREN
RESIDE THE MAJORITY OF THE TIME; and
SECTION 410 1410114
(2) (a), Colorado Revised Statutes, is amended to read:
1410114. Maintenance.
(2) The maintenance order shall be in such amounts
and for such periods of time as the court deems just, without
regard to marital misconduct, and after considering all relevant
factors including:
(a) The financial resources of the party
seeking maintenance, including marital property apportioned to
him SUCH
PARTY, and his
THE PARTY'S ability to meet his OR HER needs independently, including
the extent to which a provision for support of a child living
with the party includes a sum for that party; as
custodian;
SECTION 420 1410115
(4) (c), (8), (9), (10) (c), and (14), Colorado Revised Statutes,
are amended to read:
1410115. Child support
guidelines schedule of basic child support obligations.
(4) The child support guideline does the following:
(c) Allocates the amount of child support
to be paid by each parent based upon physical custody
CARE arrangements.
(8) Shared physical care. For
the purposes of this section, "shared physical custody
CARE" means that each parent keeps the children overnight
for more than ninetytwo overnights each year and that both
parents contribute to the expenses of the children in addition
to the payment of child support.
(9) Split physical care. For the
purposes of this section, "split custody
PHYSICAL CARE" means that each parent has physical custody
CARE of at least one of the children BY MEANS OF THAT CHILD OR
CHILDREN RESIDING WITH THAT PARENT THE MAJORITY OF THE TIME.
(10) Basic child support obligation.
(c) Because shared physical custody
CARE presumes that certain basic expenses for the children will
be duplicated, an adjustment for shared physical custody
CARE is made by multiplying the basic child support obligation
by one and fifty onehundredths (1.50).
(14) Computation of child support.
(a) Except in cases of shared physical custody
CARE or split custody
PHYSICAL CARE as defined in subsections (8) and (9) of this section,
a total child support obligation is determined by adding each
parent's respective obligations for the basic child support obligation,
workrelated net child care costs, extraordinary medical
expenses, and extraordinary adjustments to the schedule. The
custodial
parent RECEIVING A CHILD SUPPORT PAYMENT shall be presumed to
spend his or her total child support obligation directly on the
children. The noncustodial
parent PAYING CHILD SUPPORT TO THE OTHER PARENT shall owe his
or her total child support obligation as child support to the
custodial
OTHER parent minus any ordered payments included in the calculations
made directly on behalf of the children for workrelated
net child care costs, extraordinary medical expenses, or extraordinary
adjustments to the schedule.
(b) In cases of shared physical custody,
CARE, each parent's adjusted basic child support obligation obtained
by application of paragraph (c) of subsection (10) of this section
shall first be divided between the parents in proportion to their
respective adjusted gross incomes. Each parent's share of the
adjusted basic child support obligation shall then be multiplied
by the percentage of time the children spend with the other parent
to determine the theoretical basic child support obligation owed
to the other parent. To these amounts shall be added each parent's
proportionate share of workrelated net child care costs,
extraordinary medical expenses, and extraordinary adjustments
to the schedule. The parent owing the greater amount of child
support shall owe the difference between the two amounts as a
child support order minus any ordered direct payments made on
behalf of the children for workrelated net child care costs,
extraordinary medical expenses, or extraordinary adjustments to
schedule. In no case, however, shall the amount of child support
ordered to be paid exceed the amount of child support which
THAT would otherwise be ordered to be paid if the parents did
not share physical custody.
(c) (I) In cases of split physical
custody,
CARE, a child support obligation shall be computed separately
for each parent based upon the number of children living with
the other parent in accordance with subsections (10), (11), (12),
and (13) of this section. The amount so determined shall be a
theoretical support obligation due each parent for support of
the child or children for whom he or she has primary physical
custody. The obligations so determined shall then be offset, with
the parent owing the larger amount owing the difference between
the two amounts as a child support order.
(II) If the parents also share physical
custody
CARE as outlined in paragraph (b) of this subsection (14), an
additional adjustment for shared physical custody
CARE shall be made as provided in paragraph (b) of this subsection
(14).
SECTION 430 1410116
(2) (a), Colorado Revised Statutes, is amended to read:
1410116. Appointments in
domestic relations cases representation of child
special advocates. (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, THE ALLOCATION OF PARENTAL RESPONSIBILITIES,
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.
SECTION 440 1410120
(5), Colorado Revised Statutes, is amended to read:
1410120. Decree.
(5) Whenever child support has been ordered, the decree
of dissolution, legal separation, declaration of invalidity, custody,
ALLOCATING PARENTAL RESPONSIBILITIES, or support shall contain
an order for an income assignment pursuant to section 1414111.5.
SECTION 450 1410120.3
(1) (a), Colorado Revised Statutes, is amended to read:
1410120.3. Dissolution
of marriage upon affidavit requirements.
(1) Final orders in a proceeding for dissolution of
marriage may be entered upon the affidavit of either or both parties
when:
(a) There are no minor children of the
husband and wife and the wife is not pregnant or the husband and
wife are both represented by counsel and have entered into a separation
agreement granting custody to one
or both parents THAT PROVIDES FOR
THE ALLOCATION OF PARENTAL RESPONSIBILITIES CONCERNING THE CHILDREN
OF THE MARRIAGE and setting out the amount of child support to
be provided by the husband or wife or both; and
SECTION 460 1410122
(5), Colorado Revised Statutes, is amended to read:
1410122. Modification and
termination of provisions for maintenance, support, and property
disposition automatic lien. (5) When
a voluntary change of physical custody
CARE occurs, the provisions for support, if modified pursuant
to this section, will be modified as of the date when physical
custody
CARE was changed. When a voluntary change of physical custody
CARE occurs, parties are encouraged to avail themselves of the
provision for updating and modifying a child support order without
a court hearing, which is set forth in section 1410115
(3) (b) (II).
SECTION 470 1410.5102
(3), Colorado Revised Statutes, is amended to read:
1410.5102. Legislative
declaration. (3) It is the
purpose of this article to enhance children's opportunities for
access to their noncustodial
parent WITH WHOM THE CHILD DOES NOT RESIDE THE MAJORITY OF THE
TIME PURSUANT TO COURT ORDER 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 WITH WHOM THE CHILD DOES NOT RESIDE THE MAJORITY OF THE
TIME in contested parenting time proceedings.
SECTION 480 Repeal. 1410.5103,
Colorado Revised Statutes, is repealed as follows:
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.
SECTION 490 The introductory portion
to 1410.5104 (1) (a) and 1410.5104 (1)
(a) (VII), Colorado Revised Statutes, are amended to read:
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
THE noncustodial
parents WITH WHOM SUCH CHILDREN RESIDE LESS THAN THE MAJORITY
OF THE TIME by any one or any combination of the following methods:
(VII) Alternative custody
arrangements WITH RESPECT TO PARENTAL RESPONSIBILITIES;
SECTION 500 1413103
(2) and (3), Colorado Revised Statutes, are amended to read:
1413103. Definitions.
As used in this article, unless the context otherwise requires:
(2) "Custody determination"
means a court decision and court orders and instructions providing
for the custody of a child OR ALLOCATING PARENTAL RESPONSIBILITIES
WITH RESPECT TO A CHILD, including grandparent visitation or parenting
time rights; it does not include a decision relating to child
support or any other monetary obligation of any person.
(3) "Custody proceeding" includes
proceedings in which a custody determination OR THE ALLOCATION
OF PARENTAL RESPONSIBILITIES is one of several issues, such as
an action for divorce, dissolution of marriage, or separation,
and includes child neglect and dependency proceedings.
SECTION 510 1414104
(2), (3), (4), and (7), Colorado Revised Statutes, are amended
to read:
1414104. Recovery for child
support debt. (2) The county
department of social services through its delegate child support
enforcement unit shall be subrogated to the right of the dependent
child or children or person having legal or
AND physical custody of said child or children OR HAVING BEEN
ALLOCATED DECISIONMAKING AUTHORITY WITH RESPECT TO THE CHILD
OR CHILDREN to pursue any child support action existing under
the laws of this state to obtain reimbursement of public assistance
expended. If a court enters a judgment for or orders the payment
of any amount of child support to be paid by an obligor, the county
department of social services shall be subrogated to the debt
created by such judgment or order.
(3) No agreement between any one parent
or custodial person OR PERSON ALLOCATED PARENTAL RESPONSIBILITIES
and the obligor, either relieving the obligor of any duty of support
or responsibility therefor or purporting to settle past, present,
or future child support obligations either as settlement or as
prepayment, shall act to reduce or terminate any rights of the
county department of social services to recover from that obligor
for any public assistance provided unless the county department
of social services through its delegate child support enforcement
unit has consented to the agreement, in writing, and such written
consent has been incorporated into and made a part of the agreement.
(4) Any parental rights with respect to
custody OR DECISIONMAKING RESPONSIBILITY WITH RESPECT TO
A CHILD or parenting time which
THAT are granted by a court of competent jurisdiction or are subject
to court review shall remain unaffected by the establishment or
enforcement of a child support debt or obligation by the county
department of social services or other person pursuant to the
provisions of this article; and the establishment or enforcement
of any such child support debt or obligation shall also remain
unaffected by such parental rights with respect to custody OR
DECISIONMAKING RESPONSIBILITY WITH RESPECT TO A CHILD or
parenting time.
(7) When a portion of a public assistance
grant, paid to or for the benefit of a dependent child, includes
moneys paid to provide the custodial parent OR THE PARENT WITH
WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME or caretaker relative
with necessities including but not limited to shelter, medical
care, clothing, or transportation, then those moneys are deemed
to be paid to or for the benefit of the dependent child.
SECTION 520 1514104,
Colorado Revised Statutes, is amended to read:
1514104. Delegation of
powers by parent or guardian. A parent
or a guardian of a minor or incapacitated person, by a properly
executed power of attorney, may delegate to another person, for
a period not exceeding nine months, any of his OR HER powers regarding
care, custody, DECISIONMAKING RESPONSIBILITY, or property
of the minor child or ward, except his OR HER power to consent
to marriage or adoption of a minor ward.
SECTION 530 1514204
(1) (b), (1) (c), and (1) (d), Colorado Revised Statutes, are
amended to read:
1514204. Court appointment
of guardian of minor conditions for appointment.
(1) The court, if it finds it will be in the best
interests of the minor, may appoint a guardian for an unmarried
minor:
(b) If legal custody of OR DECISIONMAKING
RESPONSIBILITY FOR such minor has been suspended by prior court
order; or
(c) If the minor is found to have been
abandoned by the parents or custodial person OR PERSON WITH DECISIONMAKING
RESPONSIBILITY; or
(d) If the parents or custodial person
OR PERSON WITH DECISIONMAKING RESPONSIBILITY requests the
court to appoint a guardian for such minor.
SECTION 540 1518.6102,
Colorado Revised Statutes, is amended to read:
1518.6102. CPR directives
for CPR who may execute. Any adult
over age eighteen who has the decisional capacity to provide informed
consent to or refusal of medical treatment or any other person
who is, pursuant to the laws of this state or any other state,
authorized to make medical treatment decisions on behalf of an
adult who lacks such decisional capacity, may execute a CPR directive.
After a physician issues a "do not resuscitate" order
for a minor child, and only then, may the parents of the minor,
if married and living together, the custodial parent OR PARENT
WITH DECISIONMAKING RESPONSIBILITY FOR SUCH A DECISION,
or the legal guardian execute a CPR directive.
SECTION 550 1611204
(2) (b) (II), Colorado Revised Statutes, is amended to read:
1611204. Conditions of
probation. (2) (b) When
granting probation, in addition to the consideration of the provisions
set forth in paragraph (a) of this subsection (2), the court shall
order as a condition of probation in cases in which the defendant
was convicted of a crime, the underlying factual basis of which
included an act of domestic violence, as defined in section 186800.3
(1), C.R.S., that the defendant:
(II) Comply with any existing court orders
concerning a proceeding to determine paternity, custody, THE ALLOCATION
OF DECISIONMAKING RESPONSIBILITY, parenting time, or support;
SECTION 560 183304 (1),
(2), and (4), Colorado Revised Statutes, are amended to read:
183304. Violation of custody
order or order relating to parental responsibilities.
(1) Any person, including a natural or foster parent,
who, knowing that he OR SHE has no privilege to do so or heedless
in that regard, takes or entices any child under the age of eighteen
years from the custody OR CARE of his
THE CHILD'S parents, guardian, or other lawful custodian, OR PERSON
WITH PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILD commits
a class 5 felony.
(2) Any parent or other person who violates
an order of any district or juvenile court of this state, granting
the custody of a CHILD OR PARENTAL RESPONSIBILITIES WITH RESPECT
TO A child under the age of eighteen years to any person, agency,
or institution, with the intent to deprive the lawful custodian
OR PERSON WITH PARENTAL RESPONSIBILITIES of the custody OR CARE
of a child under the age of eighteen years, commits a class 5
felony.
(4) Any criminal action charged pursuant
to this section may be tried in either the county where the act
is committed or in which the court issuing the orders granting
custody OR ALLOCATING PARENTAL RESPONSIBILITIES is located, if
such court is within this state.
SECTION 57. The
introductory portion to 186601 (1) (a) and 186601
(1) (a) (V) and (1) (c), Colorado Revised Statutes, are amended
to read:
186601. Harboring a minor.
(1) (a) A person commits the crime of harboring
a minor if the person knowingly provides shelter to a minor without
the consent of a parent, guardian, or
custodian of the minor, OR THE PERSON WITH WHOM THE CHILD RESIDES
THE MAJORITY OF THE TIME PURSUANT TO A COURT ORDER ALLOCATING
PARENTAL RESPONSIBILITIES and if the person intentionally:
(V) Fails to notify the parent, guardian,
or custodian
of the minor, OR THE PERSON WITH WHOM THE CHILD RESIDES THE MAJORITY
OF THE TIME PURSUANT TO A COURT ORDER ALLOCATING PARENTAL RESPONSIBILITIES
or a law enforcement officer that the minor is being sheltered
within twentyfour hours after shelter has been provided.
(c) It is a defense to a prosecution under
this section that the defendant had custody of the minor OR LAWFUL
PARENTING TIME WITH THE MINOR pursuant to a court order.
SECTION 58. 186803.5
(6) (a), Colorado Revised Statutes, is amended to read:
186803.5. Crime of violation
of a restraining order penalty peace officers' duties.
(6) (a) A peace officer is authorized to use
every reasonable means to protect the alleged victim or the alleged
victim's children to prevent further violence. Such peace officer
may transport, or obtain transportation for, the alleged victim
to shelter. Upon the request of the protected person, the peace
officer may also transport the minor child of the protected person,
who is not an emancipated minor, to the same shelter if such shelter
is willing to accept the child, whether or not there is a custody
order OR AN ORDER ALLOCATING PARENTAL RESPONSIBILITIES WITH RESPECT
TO SUCH CHILD or an order for the care and control of the child
and whether or not the other parent objects. A peace officer
who transports a minor child over the objection of the other parent
shall not be held liable for any damages which
THAT may result from interference with the custody, PARENTAL RESPONSIBILITIES,
care, and control of or access to a minor child in complying with
this subsection (6).
SECTION 59. 186803.6
(3) (a), Colorado Revised Statutes, is amended to read:
186803.6. Duties of peace
officers and prosecuting agencies preservation of evidence.
(3) (a) A peace officer is authorized to use
every reasonable means to protect the alleged victim or the alleged
victim's children to prevent further violence. Such peace officer
may transport, or obtain transportation for, the alleged victim
to shelter. Upon the request of the protected person, the peace
officer may also transport the minor child of the protected person,
who is not an emancipated minor, to the same shelter if such shelter
is willing to accept the child, whether or not there is a custody
order or an order for the care and control of the child OR AN
ORDER ALLOCATING PARENTAL RESPONSIBILITIES WITH RESPECT TO THE
CHILD and whether or not the other parent objects. A peace officer
who transports a minor child over the objection of the other parent
shall not be held liable for any damages which
THAT may result from interference with the custody, PARENTAL RESPONSIBILITIES,
care, and control of or access to a minor child in complying with
this subsection (3).
SECTION 60. 191103
(82) (b), Colorado Revised Statutes, is amended to read:
191103. Definitions.
As used in this title or in the specified portion of this title,
unless the context otherwise requires:
(82) (b) "Parent", as used
in sections 191114, 192514, and 192515,
includes a natural parent having sole or joint custody, regardless
of whether the parent is designated as the primary residential
custodian, OR A PARENT ALLOCATED PARENTAL RESPONSIBILITIES WITH
RESPECT TO A CHILD, or an adoptive parent. For the purposes of
section 191114, "parent" does not include
a person whose parental rights have been terminated pursuant to
the provisions of this title or the parent of an emancipated minor.
SECTION 61. 191104
(5) and (6), Colorado Revised Statutes, are amended to read:
191104. Jurisdiction.
(5) Where a custody award OR AN ORDER ALLOCATING PARENTAL
RESPONSIBILITIES WITH RESPECT TO A CHILD has been made in a district
court in a dissolution of marriage action or another proceeding
and the jurisdiction of the district court in the case is continuing,
the juvenile court may take jurisdiction in a case involving the
same child if he OR SHE is dependent or neglected or otherwise
comes within the jurisdiction set forth in this section.
(6) When the juvenile court maintains
jurisdiction in a case involving a child who is dependent or neglected
and no child custody action OR ACTION FOR THE ALLOCATION OF PARENTAL
RESPONSIBILITIES concerning the same child is pending in a district
court in this state, upon the petition of a party to the dependency
or neglect case, the juvenile court may enter an order awarding
sole or joint custody ALLOCATING
PARENTAL RESPONSIBILITIES and addressing parenting time and child
support matters. The parent or person other than a parent who
has been granted custody of a child
WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME pursuant
to the juvenile court's order shall file a certified copy of the
order in the district court in the county where the child is permanently
resident. Such order shall be treated in the district court as
any other custody
decree issued in a child custody
proceeding CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES.
SECTION 62. 191111
(2) (a) (I), (2) (a) (II), and (2) (c), Colorado Revised Statutes,
are amended to read:
191111. Appointment of
guardian ad litem. (2) The
court may appoint a guardian ad litem in the following cases:
(a) For a child in a delinquency proceeding
where:
(I) No parent, guardian, legal custodian, custodian, PERSON TO WHOM PARENTAL RESPONSIBILITIES HAVE BEEN ALLOCATED, relative, stepparent, or spousal equivalent appears at the first or any subsequent hearing in the case;
(II) The court finds that a conflict of
interest exists between the child and parent, guardian, legal
custodian, custodian, PERSON TO WHOM PARENTAL RESPONSIBILITIES
HAVE BEEN ALLOCATED, relative, stepparent, or spousal equivalent;
or
(c) For a parent, guardian, legal custodian,
custodian, PERSON TO WHOM PARENTAL RESPONSIBILITIES HAVE BEEN
ALLOCATED, stepparent, or spousal equivalent in dependency or
neglect proceedings who has been determined to be mentally ill
or developmentally disabled by a court of competent jurisdiction;
except that, if a conservator has been appointed, the conservator
shall serve as the guardian ad litem. If the conservator does
not serve as guardian ad litem, he
THE CONSERVATOR shall be informed that a guardian ad litem has
been appointed.
SECTION 63. 191114
(1) and (2) (c), Colorado Revised Statutes, are amended to read:
191114. Order of protection.
(1) The court may make an order of protection in assistance
of, or as a condition of, any decree authorized by this title.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period by the parent,
guardian, legal custodian, custodian, PERSON TO WHOM PARENTAL
RESPONSIBILITIES HAVE BEEN ALLOCATED, stepparent, spousal equivalent,
or any other person who is party to a proceeding brought under
this title.
(2) The order of protection may require
any such person:
(c) To abstain from offensive conduct
against a child, his
THE CHILD'S parent or parents, his
THE CHILD'S guardian or legal custodian, or any other person to
whom legal custody of OR PARENTAL RESPONSIBILITIES WITH RESPECT
TO a child has been given;
SECTION 64. The
introductory portion to 191117 (1) and 191117
(1) (b) and (2), Colorado Revised Statutes, are amended to read:
191117. Visitation rights
of grandparents. (1) Any grandparent
of a child may, in the manner set forth in this section, seek
a court order granting him
THE GRANDPARENT reasonable grandchild visitation rights when there
is or has been a child custody case OR A CASE CONCERNING THE ALLOCATION
OF PARENTAL RESPONSIBILITIES RELATING TO THAT CHILD. Because
cases arise which
THAT do not directly deal with child custody OR THE ALLOCATION
OF PARENTAL RESPONSIBILITIES but nonetheless have an impact on
the custody of OR PARENTAL RESPONSIBILITIES WITH RESPECT TO a
child, for the purposes of this section, a "child
custody case" "CASE CONCERNING
THE ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO A
CHILD" includes any of the following, whether or not child
custody was OR PARENTAL RESPONSIBILITIES WERE specifically an
issue:
(b) That legal custody of OR PARENTAL
RESPONSIBILITIES WITH RESPECT TO the child has
HAVE been given OR ALLOCATED to a party other than the child's
parent or that the child has been placed outside of and does not
reside in the home of his
THE CHILD'S parent, excluding any child who has been placed for
adoption or whose adoption has been legally finalized; or
(2) A party seeking a grandchild visitation
order shall submit, together with his OR HER motion for visitation,
to the district court for the district in which the child resides
an affidavit setting forth facts supporting the requested order
and shall give notice, together with a copy of his OR HER affidavit,
to the party who has legal custody of the child OR TO THE PARTY
WITH PARENTAL RESPONSIBILITIES AS DETERMINED BY A COURT PURSUANT
TO ARTICLE 10 OF TITLE 14, C.R.S. The party with legal custody
OR PARENTAL RESPONSIBILITIES AS DETERMINED BY A COURT PURSUANT
TO ARTICLE 10 OF TITLE 14, C.R.S., may file opposing affidavits.
If neither party requests a hearing, the court shall enter an
order granting grandchild visitation rights to the petitioning
grandparent only upon a finding that the visitation is in the
best interests of the child. A hearing shall be held if either
party so requests or if it appears to the court that it is in
the best interests of the child that a hearing be held. At the
hearing, parties submitting affidavits shall be allowed an opportunity
to be heard. If, at the conclusion of the hearing, the court
finds it is in the best interests of the child to grant grandchild
visitation rights to the petitioning grandparent, the court shall
enter an order granting such rights.
SECTION 65. The
introductory portion to 191117.5 (1), 191117.5
(1) (b), and the introductory portion to 191117.5
(2), Colorado Revised Statutes, are amended to read:
191117.5. Disputes concerning
grandparent visitation. (1) Upon
a verified motion by a grandparent who has been granted visitation
or upon the court's own motion alleging that the person with legal
custody OR PARENTAL RESPONSIBILITIES of the child AS DETERMINED
BY A COURT PURSUANT TO ARTICLE 10 OF TITLE 14, C.R.S., with whom
visitation has been granted is not complying with a grandparent
visitation order or schedule, 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 continuing noncompliance
with the grandparent visitation order or schedule and either:
(b) Set the matter for hearing with notice
to the grandparent and the person with legal custody OR PARENTAL
RESPONSIBILITIES of the child AS DETERMINED BY THE COURT of the
time and place of the hearing; or
(2) After the hearing, if a court finds
that the person with legal custody OR PARENTAL RESPONSIBILITIES
of the child AS DETERMINED BY THE COURT has not complied with
the visitation 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:
SECTION 66. 191304
(1) (a) (XI), (1) (c) (VI), and (2) (a) (XI), Colorado Revised
Statutes, are amended to read:
191304. Juvenile delinquency
records. (1) (a) Court
records open. Except as provided in paragraph (b.5)
of this subsection (1), court records in juvenile delinquency
proceedings or proceedings concerning a juvenile charged with
the violation of any municipal ordinance except a traffic ordinance
shall be open to inspection to the following persons without court
order:
(XI) Any person conducting a
custody AN evaluation pursuant to
section 1410127, C.R.S.;
(c) Probation records limited
access. Except as otherwise authorized by section 191303,
a juvenile probation officer's records, whether or not part of
the court file, shall not be open to inspection except as provided
in subparagraphs (I) to (IX) of this paragraph (c):
(VI) To any person conducting a
custody AN evaluation pursuant to
section 1410127, C.R.S.;
(2) (a) Law enforcement records
in general closed. Except as otherwise provided by
paragraph (b.5) of subsection (1) of this section and otherwise
authorized by section 191303, the records of law enforcement
officers concerning juveniles, including identifying information,
shall be identified as juvenile records and shall not be inspected
by or disclosed to the public, except:
(XI) To any person conducting a
custody AN evaluation pursuant to
section 1410127, C.R.S.;
SECTION 67. 191307
(2) (m) (II), Colorado Revised Statutes, is amended to read:
191307. Dependency and
neglect records and information. (2) (m) The
state departments of health care policy and financing and human
services and the county departments of social services, for the
following purposes:
(II) Conducting custody
evaluations PURSUANT TO SECTION 1410127, C.R.S.;
SECTION 68. 192308
(3), Colorado Revised Statutes, is amended to read:
192308. Community service
and work programs. (3) With
the written consent of the victim of the juvenile's delinquent
act, the juvenile or both the juvenile and the custodial parent,
THE JUVENILE'S PARENT WHO HAS PARENTAL RESPONSIBILITIES, or THE
guardian of the juvenile may be ordered to perform work for the
victim.
SECTION 69. 192919
(1) (c) and (2) (a), Colorado Revised Statutes, are amended to
read:
192919. Sentencing
requirements imposed on parents. (1) In
addition to any of the provisions specified in sections 192907
to 192918, any sentence imposed pursuant to section
192907 may require:
(c) The juvenile or both the juvenile
and his or her custodial parent OR PARENT WITH PARENTAL RESPONSIBILITIES
or guardian to perform services for the victim, as provided in
section 192308, designed to contribute to the rehabilitation
of the juvenile, if the victim consents in writing to such services.
However, the value of the services required to be rendered by
the parent, guardian, or
legal custodian of, OR PARENT WITH PARENTAL RESPONSIBILITIES WITH
RESPECT TO the juvenile under this paragraph (c) shall not exceed
the damages as set forth in section 1321107, C.R.S.,
for any one delinquent act.
(2) In addition to any sentence imposed
pursuant to section 192907 or subsection (1) of this
section and regardless of whether the court orders the juvenile
to pay restitution pursuant to section 192918, the
court may order:
(a) The guardian or legal custodian of
the juvenile OR THE PARENT ALLOCATED PARENTAL RESPONSIBILITIES
WITH RESPECT TO THE JUVENILE to make restitution to one or more
victims pursuant to the terms and conditions set forth in this
subsection (2); except that the liability of the guardian or legal
custodian of the juvenile OR PARENT ALLOCATED PARENTAL RESPONSIBILITIES
WITH RESPECT TO THE JUVENILE under this subsection (2) shall not
exceed the damages as set forth in section 1321107,
C.R.S., for any one delinquent act. If the court finds, after
a hearing, that the guardian or legal custodian of the juvenile
OR THE PARENT ALLOCATED PARENTAL RESPONSIBILITIES WITH RESPECT
TO THE JUVENILE has made diligent, good faith efforts to prevent
or discourage the juvenile from engaging in delinquent activity,
the court shall absolve the guardian or legal custodian OR PARENT
ALLOCATED PARENTAL RESPONSIBILITIES WITH RESPECT TO THE JUVENILE
of liability for restitution under this subsection (2).
SECTION 70. 194111
(4), Colorado Revised Statutes, is amended to read:
194111. Pretrial proceedings.
(4) Upon the filing of a petition under this article,
any party may seek the issuance of a temporary restraining order
or injunction under the criteria set forth in section 1410108,
C.R.S. Any party may further seek temporary orders as to custody,
THE ALLOCATION OF PARENTAL RESPONSIBILITIES, INCLUDING ALLOCATION
OF DECISIONMAKING RESPONSIBILITY AND parenting time, and
support once an order determining the existence of the parent
and child relationship has been entered by the court. The filing
of a motion for temporary orders shall not prevent a party or
public agency from seeking other relief as may be provided by
this article. Issues of temporary custody,
ORDERS CONCERNING THE ALLOCATION OF PARENTAL RESPONSIBILITIES,
INCLUDING DECISIONMAKING RESPONSIBILITY AND parenting time,
and ISSUES OF support shall be determined in accordance with the
criteria set forth in the "Uniform Dissolution of Marriage
Act", article 10 of title 14, C.R.S. Any temporary restraining
order issued pursuant to this subsection (4) shall be on a standardized
form prescribed by the judicial department, and a copy shall be
provided to the protected person.
SECTION 71. 194116
(3) (a) and (6) (i), Colorado Revised Statutes, are amended to
read:
194116. Judgment or order
birthrelated costs evidence repeal.
(3) (a) The judgment or order may contain any
other provision directed against the appropriate party to the
proceeding concerning the duty of support, the recovery of child
support debt pursuant to section 1414104, C.R.S.,
the custody
ALLOCATION OF PARENTAL RESPONSIBILITIES WITH RESPECT TO THE CHILD
and guardianship of the child, parenting time privileges with
the child, the furnishing of bond or other security for the payment
of the judgment, or any other matter in the best interest of the
child. The judgment or order may direct the father to pay for
genetic testing and to pay the reasonable expenses of the mother's
pregnancy and confinement.
(6) In determining the amount to be paid
by a parent for support of the child and the period during which
the duty of support is owed, a court enforcing the obligation
of support shall consider all relevant facts, including:
(i) The value of services contributed
by the custodial
parent WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME;
SECTION 72. 194130
(1), Colorado Revised Statutes, is amended to read:
194130. Temporary orders.
(1) Upon the filing of any proceeding under this article
or under article 13.5 of title 26, C.R.S., the court shall, as
soon as practicable, enter a temporary or permanent custody
order ALLOCATING PARENTAL RESPONSIBILITIES that shall determine
the legal custody ALLOCATE THE DECISIONMAKING
RESPONSIBILITY AND PARENTING TIME of the child until further order
of the court.
SECTION 73. 195203
(1) (e), Colorado Revised Statutes, is amended to read:
195203. Availability for
adoption. (1) A child may
be available for adoption only upon:
(e) Written and verified consent of the
parent having only residual parental rights
and responsibilities when custody
OR PARENTAL RESPONSIBILITIES has
HAVE been awarded OR ALLOCATED to the other parent in a dissolution
of marriage proceeding where the spouse of the parent having custody
OR PARENTAL RESPONSIBILITIES wishes to adopt the child;
SECTION 74. 221102
(2) (a), Colorado Revised Statutes, is amended to read:
221102. Residence of child. (2) A child shall be deemed to reside in a school district if:
(a) Both his OR HER parents, or the survivor
of them, or the one of them to
WITH whom custody of
such child has been awarded by
RESIDES A MAJORITY OF THE TIME PURSUANT TO AN ORDER OF any court
of competent jurisdiction resides in the school district;
SECTION 75. 233.3201
(1) (c), Colorado Revised Statutes, is amended to read:
233.3201. Definitions.
As used in this part 2, unless the context otherwise requires:
(1) "Dependent" means:
(c) Any child in the legal custody of
OR WHOSE PARENT HAS PARENTAL RESPONSIBILITIES WITH RESPECT TO
SUCH CHILD or for which proceedings for custody OR THE ALLOCATION
OF PARENTAL RESPONSIBILITIES were initiated by either of said
child's parents prior to the time such parent served as a prisoner
of war, was declared missing in action, served on state active
duty or authorized training duty as a Colorado national guardsman,
or was permanently disabled or killed while acting to preserve
the public peace, health, and safety in the capacity of police
officer, sheriff, or other law enforcement officer or firefighter.
SECTION 76. 237103
(3), Colorado Revised Statutes, is amended to read:
237103. Presumptions and
rules for determination of status. (3) An
unemancipated minor qualifies for a change in his OR HER classification
to instate student for tuition purposes only if either of
his OR HER parents, regardless of custody OR PARENTAL RESPONSIBILITIES,
or his OR HER legal guardian has completed the requirements for
establishing a Colorado domicile. Eligibility for classification
as an instate student for tuition purposes shall be lost
if both of his parents, regardless of custody OR PARENTAL RESPONSIBILITIES,
or his OR HER legal guardian has lost eligibility. An emancipated
minor or adult who has registered as a student does not qualify
for a change in his OR HER classification to instate student
for tuition purposes unless he OR SHE has established and maintained
a domicile for twelve continuous months in this state.
SECTION 77. 2434501
(1.6), Colorado Revised Statutes, is amended to read:
2434501. Definitions.
As used in this part 5, unless the context otherwise requires:
(1.6) "Familial status" means
one or more individuals, who have not attained eighteen years
of age, being domiciled with a parent or another person having
legal custody of OR PARENTAL RESPONSIBILITIES FOR such individual
or individuals or the designee of such parent or other persons
having such custody OR PARENTAL RESPONSIBILITIES with the written
permission of such parent or other person. Familial status shall
apply to any person who is pregnant or is in the process of securing
legal custody OR PARENTAL RESPONSIBILITIES of any individual who
has not attained eighteen years of age.
SECTION 78. 254402
(4), Colorado Revised Statutes, is amended to read:
254402. Venereal cases
shall be reported physician's immunity.
(4) Any physician, upon consultation by a minor as
a patient and with the consent of such minor patient, may make
a diagnostic examination for venereal disease and may prescribe
for and treat such minor patient for venereal disease without
the consent of or notification to the parent or guardian of such
minor patient or to any other person having custody of OR PARENTAL
RESPONSIBILITIES WITH RESPECT TO such minor patient. In any such
case, the physician shall incur no civil or criminal liability
by reason of having made such diagnostic examination or rendered
such treatment, but such immunity shall not apply to any negligent
acts or omissions.
SECTION 79. 2541704
(2), (2.5) (a), (2.5) (b), and (2.5) (d), Colorado Revised Statutes,
are amended to read:
2541704. Infant immunization
program delegation of authority to immunize minor.
(2) Every parent, legal guardian, or person vested
with legal custody OR DECISIONMAKING RESPONSIBILITY FOR
THE MEDICAL CARE OF A MINOR, or person otherwise responsible for
the care and custody
of an infant residing in this state, shall be responsible for
having such infant vaccinated in compliance with the schedule
of immunization established by the board of health; except that,
failure to vaccinate a child in accordance with this subsection
(2) shall not constitute sufficient grounds for any insurance
company to deny a claim submitted on behalf of a child who develops
a vaccine preventable disease.
(2.5) (a) Subject to the provisions
of this subsection (2.5), a parent, legal guardian, person vested
with legal custody of a minor OR DECISIONMAKING RESPONSIBILITY
FOR THE MEDICAL CARE OF A MINOR, or such other adult person responsible
for the care and custody
of a minor in this state, other than any employee of a licensed
child care center in which the minor is enrolled, may delegate,
verbally or in writing, that person's authority to consent to
the immunization of a minor to a stepparent, an adult relative
of first or second degree of kinship, or an adult child care provider
who has care and control of the minor. Any immunization administered
pursuant to a delegation of authority under this subsection (2.5)
shall be administered only at a health care clinic, hospital,
office of a private practitioner, or county public health clinic.
(b) If a parent, legal guardian, person
vested with legal custody of a minor OR DECISIONMAKING RESPONSIBILITY
FOR THE MEDIAL CARE OF A MINOR, or other adult person responsible
for the care and custody
of a minor in this state verbally delegates his or her authority
to consent to the immunization of a minor under this subsection
(2.5), the person to whom such authority is thereby delegated
shall confirm the verbal delegation in writing and shall verbally
relay any relevant health history to the administering practitioner.
The practitioner administering the vaccination shall include
the written confirmation in the minor's medical record. If a
parent, legal guardian, person vested with legal custody of a
minor OR DECISIONMAKING RESPONSIBILITY FOR THE MEDICAL CARE
OF A MINOR, or other adult person responsible for the care and
custody of a minor in this state
delegates his or her authority to consent to the immunization
of a minor under this subsection (2.5) in writing, such writing
shall include the relevant health history, and the practitioner
administering the vaccination shall include a copy of the written
delegation of authority in the minor's medical record.
(d) A person may not consent to the immunization
of a minor pursuant to this subsection (2.5) if:
(I) The person has actual knowledge that
the parent, legal guardian, person vested with legal custody of
a minor OR DECISIONMAKING RESPONSIBILITY FOR THE MEDICAL
CARE OF A MINOR, or other adult person responsible for the care
and custody
of a minor in this state has expressly refused to give consent
to the immunization; or
(II) The parent, legal guardian, person
vested with legal custody of a minor OR DECISIONMAKING RESPONSIBILITY
FOR THE MEDICAL CARE OF A MINOR, or other adult person responsible
for the care and custody
of a minor in this state has told the person that the person may
not consent to the immunization of the minor or, in the case of
a written authorization, has withdrawn the authorization in writing.
SECTION 80. 2613107
(2) (c), (2) (d), (3) (a.5) (III), (3) (a.5) (IV), and (3) (a.5)
(VI), Colorado Revised Statutes, are amended to read:
2613107. State parent locator
service. (2) To effectuate
the purposes of subsection (1) of this section, the executive
director may request and shall receive from departments, boards,
bureaus, or other agencies of the state, including but not limited
to law enforcement agencies, or any of its political subdivisions,
and the same are authorized to provide, such assistance and data
as will enable the state department and delegate child support
enforcement units or their authorized agents properly to carry
out their powers and duties to locate such parents for the purpose
of establishing parentage or establishing, modifying, or enforcing
child support obligations. In addition, any federal agency or
such agency's authorized agents properly carrying out their powers
and duties to locate a parent for the purpose of establishing
parentage or establishing, modifying, or enforcing child support
obligations may request and shall have access to any motor vehicle
or law enforcement system used by the state to locate an individual.
Any records established pursuant to the provisions of this section
shall be available only to the following:
(c) Courts having jurisdiction in support
and abandonment proceedings or actions to establish child support
against a noncustodial
parent or to issue an order against a custodial
parent for child custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES or parenting time
rights or any agent of such court;
(d) The custodial
OBLIGEE parent, legal guardian, attorney, or agent of a child
who is not receiving aid under Title IVA of the federal
"Social Security Act", as amended, when a court order
is provided; and
(3) (a.5) The state parent locator
service shall only accept applications from and transmit Colorado
and federal parent locator information to:
(III) Courts having jurisdiction in support
and abandonment proceedings or actions to establish child support
against a noncustodial
parent or to issue an order against a custodial
parent for child custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES or parenting time
rights or any agent of such court;
(IV) The custodial
OBLIGEE parent, legal guardian, attorney, or agent of a child
who is not receiving aid under Title IVA of the federal
"Social Security Act", as amended, when a court order
is provided;
(VI) The court when a court order is provided
from a noncustodial
parent seeking to enforce a child custody, PARENTAL RESPONSIBILITIES,
or parenting time order.
SECTION 81. The
introductory portion to 2613122 (1), Colorado Revised
Statutes, is amended to read:
2613122. Administrative
lien and attachment. (1) The
state child support enforcement agency may issue a notice of administrative
lien and attachment to any person, insurance company, or agency
providing workers' compensation insurance benefits for any employer
to attach workers' compensation benefits of an obligor who is
responsible for the support of a child on whose behalf the custodian
of that child OBLIGEE is receiving
support enforcement services from the state's child support enforcement
agency pursuant to this article. The notice shall include the
following statements and information:
SECTION 82. 2613128
(2), Colorado Revised Statutes, is amended to read:
2613128. Agreements with
financial institutions data match system limited
liability. (2) The purpose
of the program authorized by this section shall be to develop
and operate, in coordination with such financial institutions
and state entities, a data match system, using automated data
exchanges, to the maximum extent feasible, in which each such
financial institution or state entity is required to provide semiannually
the name, record address, and social security number, or other
taxpayer identification number, of any account holder or customer
that maintains an account at such institution or entity and who
owes pastdue child support, as identified by the state by
name and social security number, or other taxpayer identification
number. The state department shall enter into an agreement with
each financial institution and state entity, which agreement shall
specify a schedule of data matches. The agreement shall provide
that the financial institution or state entity shall have fortyfive
days after the receipt of the informational electronic or magnetic
data from the child support enforcement agency to conduct the
data match required by this subsection (2). The agreement shall
also provide that the financial institution or state entity shall
return the data in electronic or magnetic form to the child support
enforcement agency within three business days after conducting
the data match. The financial institution or state entity shall
include information concerning all accounts where a data match
occurs, including, but not limited to, information regarding joint
accounts, partnership accounts, sole proprietorship accounts,
custodial accounts, and commercial accounts. The child support
enforcement agency shall make a reasonable effort to accommodate
those financial institutions upon which the requirements of this
section would pose a hardship. The financial institution or entity,
in response to a notice of lien or levy from the state department,
shall encumber or surrender assets, except for custodial accounts
created pursuant to the "Colorado Uniform Transfers to Minors
Act", article 50 of title 11, C.R.S., and except for trust
accounts of moneys held in trust for a third party, held by such
institution or entity on behalf of any noncustodial
OBLIGOR parent who is subject to a child support lien, subject
to any right of setoff the financial institution may have against
such assets. In addition to any right of setoff the financial
institution may have, before the financial institution surrenders
any assets of the noncustodial
OBLIGOR parent to the state department, the financial institution
shall apply any assets held by the financial institution on behalf
of the noncustodial
OBLIGOR parent against the balance of any amounts owed by the
noncustodial
OBLIGOR parent to the financial institution, regardless of whether
the noncustodial
OBLIGOR parent is in default under any agreement with the financial
institution or whether any payments are currently due to the financial
institution, subject to prior agreement of the noncustodial
OBLIGOR parent.
SECTION 83. 2613.5105
(3) (d), Colorado Revised Statutes, is amended to read:
2613.5105. Negotiation
conference issuance of order of financial responsibility
filing of order with district court.
(3) (d) Notwithstanding any rules of the Colorado
rules of civil procedure, a complaint is not required in order
to initiate a court action pursuant to this subsection (3). The
court shall inform the delegate child support enforcement unit
of the date and location of the hearing and the court or the delegate
child support enforcement unit shall send a notice to the obligor
informing the obligor of the date and location of the hearing.
In order to meet federal requirements of expedited process for
child support enforcement, the court shall hold a hearing and
decide only the issue of child support within ninety days after
receipt of notice, as defined in section 2613.5102
(13), or within six months after receipt of notice, as defined
in section 2613.5102 (13), if the obligor is contesting
the issue of paternity. If the obligor raises issues relating
to custody
THE ALLOCATION OF PARENTAL RESPONSIBILITIES, DECISIONMAKING
RESPONSIBILITY, or parenting time and the court has jurisdiction
to hear such matters, the court shall set a separate hearing for
those issues after entry of the order of support. In any action,
including an action for paternity, no additional service beyond
that originally required pursuant to section 2613.5104
shall be required if no stipulation is reached at the negotiation
conference and the court is requested to set a hearing in the
matter.
SECTION 84. 331102
(38) (d.5), Colorado Revised Statutes, is amended to read:
331102. Definitions.
As used in this title, unless the context otherwise requires:
(38) (d.5) The residency status of
children under eighteen years of age is presumed to be that of
the custodial
parent WITH WHOM THE CHILD RESIDES THE MAJORITY OF THE TIME PURSUANT
TO COURT ORDER or legal guardian.
SECTION 85. Effective
date applicability. (1) This act shall
take effect February 1, 1999, unless a referendum petition is
filed during 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.
If such 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 February 1, 1999.
(2) The provisions of this act shall apply
to causes of action filed on or after the effective date of this
act and to motions filed on or after the effective date of this
act for modifications of previously entered court orders.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO