S.B. 97-50 Regimented juvenile training program - selection guidelines - annual report. Instructs the department of human services and the judicial department to implement selection guidelines for the regimented juvenile training program that exclude lower-risk juveniles from participation. Specifies criteria to be included in the selection guidelines. Requires the department of human services and the judicial department to each submit an annual report to the general assembly concerning operation of the regimented juvenile training program throughout the state and in each judicial district. Extends the program repeal date to July 1, 2000.
APPROVED by
Governor April 19, 1997
EFFECTIVE April 19,
1997
S.B. 97-71 Dependency and neglect - procedures. Child custody cases. Allows a juvenile court that has jurisdiction in a case involving a child who is dependent or neglected to enter orders addressing custody, parenting time, or child support concerning such child if no child custody action concerning the child is pending in a district court in the state. Clarifies the procedure for the right to request a hearing before a judge in cases where a child is the defendant.
Admissions. Provides that no admission made by a respondent in a dependency and neglect case may be used against him or her in any criminal prosecution, except for purposes of impeachment or rebuttal.
Emergency protection orders. Specifically authorizes emergency protection orders to restrain a person from threatening, molesting, or injuring a child, to restrain a person from interfering with the supervision of a child, or to restrain a person from having contact with a child.
Termination of parent-child legal relationship. Provides that the hearing on termination shall not be held on the same day as the hearing on the adjudication of the child as dependent and neglected.
APPROVED by
Governor April 24, 1997
EFFECTIVE July 1,
1997
S.B. 97-81 Dissolution of marriage - disposition of property - direct division of public employee retirement benefits - applicability. Makes the provision concerning the direct division of public employee retirement benefits upon agreement of the parties applicable to dissolution of marriage, legal separation, or declaration of invalidity of marriage actions filed on or after January 1, 1997, and to such actions filed prior to that date if the court had not entered a final property division order concerning such benefits.
APPROVED by
Governor March 24, 1997
EFFECTIVE March 24,
1997
S.B. 97-83 Colorado Children's Code - relinquishment, termination, and adoption - relinquishment counseling - payments to relinquishing parents - foreign adoption decrees - standardized forms - legal effects of adoption - confidential intermediaries.
Relinquishment and Termination of Parental Rights:
Allows the court to determine appropriate counseling that a party relinquishing parental rights must obtain. Identifies the topics that the counseling shall address. Provides that a child to be relinquished shall receive relinquishment counseling as the court deems appropriate. Permits the court to order a child who is less than 12 years of age be prepared for relinquishment, termination, or adoption.
Mandates the use of standardized forms prescribed by the judicial department for relinquishment petitions and counseling affidavits. Directs that the affidavits of relinquishment counseling include a copy of the original birth certificate, or the application therefor, and a statement disclosing any payments, gifts, assistance, goods, or services received, promised, or offered in connection with the pregnancy, birth, and proposed relinquishment and the source of same.
Requires the relinquishing parent, the child placement agency, and the county department of social services to provide to the court certain nonidentifying information about the parent and the child to be relinquished.
Makes the best interests of the child, rather than the best interests of all parties, the standard by which a court shall approve or disapprove a petition for relinquishment. Before entering an order of relinquishment, requires the court to find that the parent's decision to relinquish is knowing, voluntary, and not the result of threat, coercion, or undue influence. Creates a rebuttable presumption that if a child 12 years of age or older objects to being relinquished, such relinquishment would not be in that child's best interests.
Makes Colorado law concerning relinquishment counseling, notification, and relinquishment hearings applicable to all adoption cases involving a Colorado child, or a child whose home state is Colorado, even if the child is to be sent out of state for the relinquishment or adoption.
Reduces the period of time from one year to 6 months that an individual of good moral character must have the child living in his or her home in order for the court to grant such person guardianship and legal custody after the entry of an order of relinquishment of parental rights. Authorizes a court to grant guardianship and legal custody to a designated adoptive parent. Requires a relative seeking custody of a relinquished child to request custody in a timely manner.
Specifies that a parent has 30 days within which to respond to a motion to terminate his or her parental rights. Requires the notice of the proceeding to terminate parental rights to provide notice concerning a parent's ability to waive his or her right to appear and contest the termination and that failure to appear and contest may likely result in termination of parental rights.
Adoption:
In order for a child to be considered available for a stepparent adoption, requires the parent to identify by affidavit or sworn testimony that the other birth parent has abandoned the child or failed, without cause, to provide for the child for one year or more.
In cases for a decree declaring a foreign adoption valid, provides that the court shall not require the petition to contain or be accompanied by the written consent, written report, fees required in other adoptions, or by a written legal memorandum concerning the foreign law. Recognizes foreign adoptions entered by authorized individuals or entities other than courts of competent jurisdiction. Allows a verified statement to serve as sufficient evidence that an adopting parent is a citizen and resident of the state of Colorado. Permits a photocopy of the child's resident alien card issued by the immigration and naturalization service to serve as sufficient evidence that the foreign child to be adopted is either a permanent resident or a naturalized citizen of the United States. Specifies that parties need not be represented by an attorney in foreign adoption decree proceedings.
Authorizes the court to require potential adoptive parents to participate in adoption counseling as the court deems appropriate. Clarifies that in all adoptions, either the county department of social services or the child placement agency shall provide a written report to the court concerning certain matters, including the petitioner's participation in adoption counseling if required by the court. Identifies what adoption counseling may address. In relative adoptions, requires the court to review the report prepared by the county department or child placement agency and permits the court to order further assessment, if necessary.
Requires a licensed child placement agency, when placing a child, to file an affidavit with the court stating that the agency's license is in good standing with the department of human services. Directs such agency to notify the court immediately upon suspension, revocation, or denial of its license by the department or upon disciplinary action taken against the agency. Makes failure to so notify a class 3 misdemeanor. Directs the department to promulgate rules adopting a mechanism by which child placement agencies shall notify the court of disciplinary actions against them.
Requires an adoption petition to be accompanied by a standardized affidavit form disclosing all fees, costs, or expenses charged by any person or agency in connection with the adoption. Requires the court to hold a hearing on the adoption petition 6 months or more after placement of the child and to enter the decree of adoption if the court makes certain findings. Specifies that a child to be adopted shall be eligible for enrollment and coverage by any medical or dental insurance held by the prospective adoptive parents on the same basis as the coverage would be available to a biological child of the adoptive parents.
Increases the number of members on the adoption intermediary commission from 7 to 11. Defines the term "half-sibling" and authorizes adult half-siblings to file a court request for appointment of a confidential intermediary to search for their birth families. For purposes of access to adoption information, reduces the age of "adult" from 21 to 18. Reduces the age of the relatives, the whereabouts of whom the confidential intermediary may seek information, from 21 to 18.
APPROVED by
Governor May 28, 1997
EFFECTIVE July 1, 1997
S.B. 97-114 Child support - establishment and enforcement - determination of paternity - orders for postsecondary education expenses. Allows an agent of a local child support enforcement agency to access records at the division of employment and training within the department of labor and employment. Provides that information obtained by a state or local child support enforcement agency from the department of labor and employment may be used only for the purposes specified in law and may not be disclosed by such agency to any person or entity unless there is an agreement consistent with the federal "Social Security Act" addressing confidentiality safeguards.
Changes references from "blood tests" to "genetic tests".
Makes sureties in civil and criminal support proceedings subject to entry of judgment for the amount of the bail and court costs upon forfeiture of the bond.
Makes the following changes to the statutory child support provisions:
For purposes of income assignments, defines "employer" to include any person, company, corporation, the Colorado compensation insurance authority, or insurance carrier paying temporary total disability or temporary partial disability workers' compensation benefits.
Makes the following changes to the "Colorado Child Support Enforcement Procedures Act":
Exempts child support enforcement offices from the required filing fee of the clerk and recorder for processing liens on personal property.
Makes changes to the administrative lien and attachment provisions and the definitions used in the administrative procedure portion of the child support establishment and enforcement statute effective upon passage. Makes the changes to the automatic support judgment provisions effective July 1, 1997, and applicable to orders entered on or after that date. Makes the changes to the postsecondary education provisions in the "Uniform Dissolution of Marriage Act" effective July 1, 1997. Makes the changes set forth in all other sections of the act effective July 1, 1997, and applicable to orders entered on, before, or after that date.
BECAME LAW April
29, 1997
PORTIONS EFFECTIVE April 29, 1997, July 1, 1997
S.B. 97-115 Uniform Interstate Family Support Act - amendments to conform to recommendations of the national conference of commissioners on uniform state laws.
General provisions. Amends the "Uniform Interstate Family Support Act" based on recent recommendations from the national conference of commissioners on uniform state laws. Standardizes the language of Colorado's version of the Act with that of the uniform act as required by the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", P.L. 104-193.
Amends the definitions of "income-withholding order", "initiating state", "responding state", and "state". Includes the United States Virgin Islands in the definition of "state".
Eliminates throughout the Act the requirement that notices relating to child support enforcement proceedings, support orders, income-withholding orders, and other communications be sent by first class mail.
Jurisdiction. Modifies procedures to be followed in circumstances in which 2 or more child support orders have been issued by courts of this state or another state with regard to the same obligor and child.
Civil provisions. Eliminates the authority of the child support enforcement agency to establish or modify a spousal support order.
Identifies the procedures to be followed by an initiating state if a responding state has not enacted the "Uniform Interstate Family Support Act" or a law substantially similar to the Act.
Income-withholding orders. Relocates provisions within the statutes concerning the enforcement of withholding orders of another state without registration of child support orders of another state. Specifies that the obligor's employer must comply with a withholding order from another state that appears regular on its face and that expresses the amounts to be withheld as sums certain and as periodic payments.
Provides that the law of the state of the obligor's principal place of employment shall apply with respect to processing fees, amounts to be withheld, time limits, and for purposes of establishing priorities for the withholding and allocation of income if the employer receives multiple income-withholding orders. Grants immunity from liability to employers that comply with the directive. Subjects an employer who willfully fails to comply with an income-withholding order issued by another state to penalties. Requires an obligor contesting an income-withholding order to send a notice of the contest to the child support enforcement agency providing services to the obligee and to each employer that has directly received an income-withholding order.
Enforcement and modification of support order after registration. Provides that, if all parties reside in Colorado and the child does not reside in the issuing state, a Colorado tribunal has jurisdiction to enforce or modify the issuing state's child support order. Requires a tribunal exercising such jurisdiction to apply the definitions and the jurisdiction sections of the "Uniform Interstate Family Support Act" and the procedural and substantive law of Colorado. Subjects a party who obtains a modification order and who fails to file a certified copy with the issuing tribunal to appropriate sanctions by the tribunal in which the issue of failure to file arises.
APPROVED by
Governor April 24, 1997
EFFECTIVE July 1,
1997
H.B. 97-1103 Domestic relations cases - court appointments - representatives - special advocates - arbitrators. Authorizes the court in a domestic relations proceeding to appoint an attorney to serve as a representative of the parties' minor or dependent children or an individual to assist the court as a special advocate for the child. Requires the court to issue an order of appointment. Specifies that the same individual may not serve as both the child's representative and as the child's special advocate.
Provides that an individual appointed to serve as a representative of the child shall represent the best interests of the child with respect to the child's custody, support for the child, the child's property, parenting time, or any other issue related to the child that is identified in the court's order. Directs the child's representative to actively participate in all aspects of the case involving the child and identifies that such representative shall not be called as a witness in the case.
Identifies that an individual appointed to serve as a special advocate may be, but need not be, an attorney. Provides that such an individual shall investigate, report, and make recommendations on any issues that affect or may affect the best interests of the child. Requires a special advocate to file a written report with the court reflecting his or her independent and informed recommendations, which report shall include the wishes of the child, if expressed. Allows the special advocate to be called to testify as a witness during hearings regarding his or her recommendations.
Directs the court to enter an order for costs, fees, and disbursements in favor of the child's representative or special advocate.
Upon the consent of all parties, authorizes the court to appoint an arbitrator to resolve disputes between the parties concerning their minor or dependent children. Directs all awards entered by an arbitrator so appointed to be in writing. Provides that the arbitrator's award shall be effective immediately upon entry and shall continue in effect until vacated, modified, or corrected by the arbitrator pursuant to the "Uniform Arbitration Act of 1975" or until the award is modified by the court pursuant to a de novo review. Authorizes any party to move the court to modify the arbitrator's award pursuant to a de novo review of such award. Unless manifestly unjust, requires the court upon a de novo review of an arbitrator's award to order the nonprevailing party to pay the fees and costs of the prevailing party and the fees of the arbitrator associated with such review.
APPROVED by
Governor March 20, 1997
EFFECTIVE July 1,
1997
H.B. 97-1109 Central registry - phase-out - implementation plan. No later than March 1, 1999, requires the state department of human services to submit an implementation plan to the general assembly for the creation of alternatives to the state central registry of child protection. Establishes the issues that the state department's plan shall address.
APPROVED by
Governor March 20, 1997
EFFECTIVE July 1,
1997
H.B. 97-1126 Juvenile justice - commitment to department of human services. Provides that any juvenile who is 12 years of age or older and who is adjudicated for any class of felony, but is not adjudicated as an aggravated juvenile offender, may be committed to the department of human services. Provides that any juvenile who is 10 or 11 years of age and who is adjudicated for a class 1, 2, or 3 felony, but is not adjudicated as an aggravated juvenile offender, may be committed to the department of human services.
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
H.B. 97-1164 Parenting time - enforcement - "Colorado Parenting Time Enforcement Act". In actions involving disputes concerning parenting time, adds a time limit of 30 days within which the court must deny the motion, set the matter for hearing, or refer the parties to mediation. Changes the level of evidence that the court must find in order to proceed with the action from "substantial and continuing" to "substantial or continuing" noncompliance with the parenting time order or schedule. Provides that if the court sets the matter for hearing, it must do so with notice to the parents as expeditiously as possible. Requires, rather than permits, the court to issue an order which may include one or more specified remedies, if the court finds that a parent has not complied with a parenting time order or schedule and has violated the court's order.
Among the remedies, requires make-up parenting time to occur within 6 months, rather than one year, or within one year if the period of time or holiday cannot be made up within 6 months of the noncompliance. Further specifies that make-up parenting time take place at the time, as well as in the manner, chosen by the aggrieved parent. Adds the following to the list of remedies from which the court may choose when there is a finding of noncompliance: Require either or both parents to attend a parental education program; require the parties to participate in family counseling; impose a civil fine not to exceed $100 per incident of denied parenting time; and enter any other order that may promote the best interests of the child.
Directs that any civil fines collected as a result of noncompliance with a parenting time order or schedule be credited to the dispute resolution fund.
Requires the court to order a noncomplying parent to pay the attorney's fees, court costs, and expenses incurred by the aggrieved parent. Authorizes the court to order the petitioning parent to pay the court costs, attorney fees, and expenses of the responding parent if the court finds there was not a violation of the parenting time order or schedule.
Authorizes the appropriate state agency, as determined by the governor, to develop a parenting time enforcement program that complies with all federal requirements and restrictions. Provides that the program, if developed, shall address the enhancement and facilitation of children's access to their noncustodial parents by any one or combination of specified remedies. Allows the program to operate on a statewide basis or on a representative pilot basis. Directs the selected agency, if any, to monitor, evaluate, and report on the parenting time enforcement program in accordance with regulations prescribed by the secretary of the federal department of health and human services and to evaluate and report on the effectiveness of the amendments made in the act to the statutory provision relating to disputes concerning parenting time.
APPROVED by
Governor May 22, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1198 Marriage - only between one man and one woman. Specifies that marriages, whether contracted within or outside this state, that are not between one man and one woman shall not be recognized as valid in this state.
VETOED by Governor June 5, 1997
H.B. 97-1205 Child support - enforcement - occupational, professional, and recreational license suspension - automatic property liens - recordation of social security numbers - repeal of jury trials in paternity cases - state directory of new hires - state case registry - financial institution data match - post-secondary education expenses - appropriation. Based upon the provisions of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996":
Requires the director of the division of employment and training to provide wage and claim information to the secretary of the federal department of health and human services. Requires genetic testing in paternity cases to be conducted by a lab approved by an accreditation body designated by the secretary of the federal department of health and human services. Specifies that genetic testing results shall be admissible in evidence without the necessity of proof of foundation, authenticity, or accuracy.
Amends the "Uniform Interstate Family Support Act" by requiring income-withholding orders issued in other states to be sent by first-class mail to the obligor's employer. Requires the employer to treat a certified copy of an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.
Makes the following changes to the child support guidelines:
Provides for an automatic lien to arise by operation of law on real and personal property belonging to a support obligor when support becomes due and is not paid. Establishes a procedure for giving notice of such liens. Creates an exception to such liens for bona fide purchasers and lenders.
Makes child support orders entered by a delegate child support enforcement unit, in addition to those entered by a court, subject to immediate income assignment. Reduces the period of time from 10 days to 7 days within which withheld amounts must be forwarded by an employer pursuant to an income assignment. Clarifies that a Colorado employer who receives an income assignment issued by another state is to apply the income assignment law of the obligor's principal state of employment. Directs the state department of human services to send notice to the obligor, once an income assignment has been executed, stating that the income assignment has commenced.
Requires a notice of deduction for health insurance to be mailed by first-class mail, rather than certified mail, by the obligee to the obligor's employer upon the discovery of current or changed employment. Directs that the notice shall contain a statement that the obligor may file an objection to the deduction if the premium amount is not reasonable. Creates a presumption that a premium amount that results in a child support order of $50 or less or that is 20% or more of the obligor's gross income is not reasonable.
Requires the recordation of social security numbers in the following circumstances: Application for professional or occupational license, commercial driver's license, or marriage license; decrees of dissolution of marriage; orders for child support; paternity determinations; and death certificates. Limits access to social security numbers to the department of human services. Authorizes departments to access records via such social security numbers only within their areas of regulatory authority.
Makes the following changes to the "Uniform Parentage Act":
Requires paternity acknowledgment forms prescribed and furnished by the state registrar to contain the minimum requirements specified by the secretary of the federal department of health and human services.
Authorizes the executive director of the department of human services to procure the necessary services and support to develop, implement, and operate state and federal child support enforcement welfare reform mandates. Provides that the procurement of such services and support shall not be subject to the procurement code. Makes the following changes to the "Colorado Child Support Enforcement Act":
Specifies that the delegate child support enforcement unit shall pay the costs of genetic testing if the unit orders such testing, subject to recoupment from the presumed or alleged father.
Increases appropriations made in the annual general appropriation act to the department of human services by $204,712 and 5.0 FTE for the implementation of the act. Appropriates $1,447,967 and 6.0 FTE to the department of human services for implementation of the act. Appropriates $59,200 to the judicial department for implementation of the act. Appropriates $490,150 and 3.0 FTE to the department of regulatory agencies for the implementation of the act. Appropriates $28,470 and 0.3 FTE to the department of law for the implementation of the act.
APPROVED by
Governor June 3, 1997
EFFECTIVE July 1, 1997
H.B. 97-1223 Dissolution of marriage - parental education classes - exemption in domestic abuse cases. Provides that a court may not order the parents of children under 18 years of age to attend parental education classes in cases where there is a domestic abuse restraining order.
APPROVED by
Governor March 24, 1997
EFFECTIVE March 24, 1997
H.B. 97-1247 Teen courts - creation - procedures. Authorizes municipal courts, the juvenile court for the city and county of Denver, or any district court other than in the city and county of Denver to establish a teen court program as an alternative sentencing program for teenagers charged with minor offenses. Under the program, following a sentencing hearing at which other teenagers participate.
Authorizes the supervising court to enter a deferred judgment conditioned on a teenager's successful completion of the teen court program. Describes the procedures to be followed by a supervising court, including requiring the teenager to plead guilty to the original charge. Provides that upon successful completion of the teen court program the charges against the teenager are dismissed and shall not be considered a conviction.
Authorizes the supervising court to establish procedures for conducting the teen court program, including the range of sentences that may be imposed by the teen court jury. Requires a teen court judge, who is a volunteer attorney approved by the chief judge of the supervising court, to file a report on the teenager's completion of the program with the supervising court within 6 months of the order for deferred judgment.
Provides that a court may establish its own teen court program with procedures different from those established by the act. Encourages courts to apply for grants from the youth crime prevention and intervention fund to fund teen court programs.
APPROVED by
Governor June 4, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1293 Out-of-home placement of children - impact on school district enrollment. Contingent upon the implementation of the children, youth, and families automation project in the department of human services, directs the department to make certain information available to all county departments of social services throughout the state. The information shall include vacancies in out-of-home placement facilities in each county, the number of out-of-home placement children enrolled in each school district in relation to the total number of students enrolled in each school district, the placement facilities in each school district, and the types of services available in each school district to meet the special needs of out-of-home placement children to the extent such information is known and within available resources.
Requires the county department of social services to make recommendations to the court in every proceeding in which the court contemplates placing a child out of home, including information about placement facilities that are most able to serve appropriately the best interests of the child. Specifies the factors that the county must consider in making its recommendations, including the special needs of the child, the proximity of the placement facility to the child's home, whether the facility is located within the child's home school district, and the number of out-of-home placement children enrolled in the affected school district if such information is available through the children, youth, and families automation project.
If the county department of social services recommends placement outside the child's home school district, requires the county department to inform the child's home school district of the proposed placement. Requires the court to consider the recommendations of the county department in making its placement determination. Upon entry of the court's order placing the child in an out-of-home placement facility outside the child's home school district, directs the child's home school district to contact the school district in which the child is to be placed concerning the special needs of the child and resources necessary to meet those needs.
Directs the state board of education to provide such enrollment information to the department of human services as the department may request.
Applies to children placed out-of-home on or after July 1, 1999.
APPROVED by
Governor March 28, 1997
EFFECTIVE July 1,
1997
H.B. 97-1318 Juvenile justice - residential juvenile facility. Authorizes the department of human services to contract with a single private entity for the design, construction, and operation of a 500-bed residential juvenile facility to be located on the parcel of real property formerly known as the Lowry bombing range. Describes the program and style of the juvenile facility.
Requires the department to issue a request for design, construction, and operation proposals for the juvenile facility on or before January 31, 1998, and to select a contractor on or before June 1, 1998. Specifies requirements for the contractor and the contract. Requires applicants for employment at the juvenile facility to submit their fingerprints to the Colorado bureau of investigation for a criminal records check.
Instructs the division of youth corrections, beginning one year after the facility begins operations and annually thereafter, to calculate the recidivism rate for juveniles housed at the facility and report the rate to the general assembly. Specifies that the calculation shall include any juvenile who commits an offense within 3 years after leaving the facility.
Appropriates $2,736,250 out of the capital construction fund to the department of human services, for allocation to the division of youth corrections, for implementation of the act.
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
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