Makes the act applicable to motions concerning modification of parenting time filed on or after the applicable effective date of the act.
APPROVED by Governor June 1, 2001
EFFECTIVE September 1, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 01-47 Mandatory reporting - child abuse. Adds licensed professional counselors, licensed marriage and family therapists, and unlicensed psychotherapists to the list of persons required to report child abuse or suspected child abuse.
APPROVED by Governor March 28, 2001
EFFECTIVE July 1, 2001
S.B. 01-77 Juvenile justice - juvenile parole - length appropriation - adjustment to 2001 annual appropriation act. Reduces the mandatory period of juvenile parole from one year to 9 months; except that, for specified offenses, allows for extension of the period of parole by: An additional 90 days if the juvenile parole hearing panel determines it is in the best interests of the juvenile and the public; an additional 15 months if the juvenile parole hearing panel makes a finding of special circumstances.
Reduces by $328,693 and 1.7 FTE the appropriation made in the annual general appropriation act to the division of youth corrections in the department of human services.
APPROVED by Governor May 30, 2001
EFFECTIVE July 1, 2001
S.B. 01-158 Temporary spousal maintenance - formula. In every dissolution of marriage or legal separation in which a party seeks temporary maintenance, establishes a rebuttable presumption in favor of a specific award of temporary maintenance in cases in which the parties' combined annual gross income is $75,000 or less. Authorizes the court to award temporary maintenance in all other cases based upon the traditional factors set forth in law.
Sets forth the formula to be used for the presumptive amount of temporary maintenance, taking into account amounts actually paid pursuant to a separate court order for maintenance or child support of children who are not the joint responsibility of the parties. Directs courts to deviate from the presumptive amount where its application would be inequitable or unjust. Allows the parties to agree to waive or deviate from the presumptive temporary maintenance.
Specifies that the temporary maintenance formula shall not be used to determine maintenance orders entered at permanent orders, and further specifies that temporary maintenance orders shall not prejudice the rights of either party at permanent orders. Directs the court to consider the financial resources of each party and determine the temporary payment of marital debt and the temporary allocation of marital property after temporary maintenance and temporary child support have been determined.
Specifies that, upon request, temporary orders based upon the formula shall begin at the time of the parties' physical separation or filing of the petition or service upon the respondent, whichever occurs last, taking into consideration payments already made.
APPROVED by Governor April 30, 2001
EFFECTIVE July 1, 2001
H.B. 01-1168 Juvenile justice - mandatory sentences - speedy trial - reporting juvenile delinquency petitions to schools. Clarifies that the court shall impose a mandatory minimum 5-day detention for any juvenile charged with certain felony or misdemeanor weapons offenses. Clarifies the timing of the trial when a juvenile is held without bail or when a juvenile's bail is revoked or increased. Narrows the reporting of juvenile delinquency petitions to petitions involving felonies, first degree misdemeanors, and other selected misdemeanors. Requires reasonable good faith reporting to the juvenile's principal within 3 working days after the petition is filed. If the prosecuting attorney, in good faith, is not able to contact the principal, directs the prosecuting attorney to contact the superintendent of the juvenile's school district.
APPROVED by Governor March 23, 2001
EFFECTIVE July 1, 2001
H.B. 01-1184 Domestic violence - notice of restraining orders and advisement of services in domestic relations proceedings - payment of domestic violence treatment programs - peace officer duties - Colorado works program domestic violence training material- appropriations. Requires parties to a domestic relations proceeding to disclose all temporary or permanent restraining orders to prevent domestic abuse and emergency protection orders entered against a party to the proceeding in the preceding 2 years, rather than just those entered in the 90 days preceding the filing of the proceeding. Directs the court to advise the parties about domestic violence services and potential financial resources that may be available. Specifies that parties to such cases shall receive information concerning such services and potential resources that may be available. Directs the court to encourage the parties to obtain such services for their children, in appropriate cases. Directs the court to apportion the costs of such services between the parties, as appropriate.
Restores the statutory provision authorizing a court to order a person convicted of a crime, the underlying factual basis of which includes an act of domestic violence, to pay for his or her mental health evaluation and treatment, specifying that such order for payment shall be based upon a sliding scale.
Directs a peace officer who responds to a call or is otherwise responding to a report of an alleged offense involving domestic violence or domestic abuse, to include in his or her written or oral report whether children may have seen or heard the alleged offense. Specifies that the failure to include such information in a report shall not be grounds to dismiss the matter.
Directs the state board of human services to promulgate rules that require the state department of human services ("state department") to provide ongoing domestic violence training and appropriate domestic violence training materials to the staff of county departments of social services. Authorizes the state department to contract with an individual or entity with demonstrated expertise in the area of domestic violence to provide such services. Conditions these requirements on the availability of appropriations from the Colorado long-term works reserve fund.
Appropriates $122,788 and 1.0 FTE to the department of human services, office of self sufficiency, Colorado works program for the implementation of the act. Appropriates $26,776 to the judicial department for allocation to the family violence justice fund and to appropriate $26,776 to the department of human services for allocation to the Colorado domestic abuse program, which appropriations are taken from savings generated by the implementation of the provisions of Senate Bill No. 01-077. Identifies the need for future appropriations to the judicial department for allocation to the family violence justice fund in the amount of $100,000 and to the department of human services for allocation to the Colorado domestic abuse program in the amount of $100,000 from savings generated by the implementation of the provisions of Senate Bill No. 01-077.
APPROVED by Governor June 5, 2001
EFFECTIVE August 8, 2001
NOTE: (1) This act was passed without a safety clause. For further explanation concerning the effective date, see
page vi of this digest.
(2) Senate Bill 01-077
was signed by the Governor on May 30, 2001, and the fiscal estimate
shows sufficient
general fund savings.
H.B. 01-1193 Children's Code - federal law - modifications - appropriation. Modifies the definition of "administrative review" to state that it is a review conducted by an administrative reviewer instead of a panel of appropriate persons. Adds a definition for "permanency hearing". Modifies the definition of "reasonable efforts" to state that the child's health and safety shall be the paramount concern in determining whether it is appropriate to provide, purchase, or develop supportive and rehabilitative services for a family to prevent unnecessary placement of a child or to foster the safe reunification of a child with a child's family or whether it is appropriate to find and finalize an alternative permanent plan for a child.
Clarifies that the court shall make certain findings at any time the court enters an order removing a child from the home, even if the removal is temporary. Modifies the requirement for reasonable efforts that the court is required to find prior to removing a child from a home or continuing a child in a placement out of the home, as follows:
Modifies provisions concerning the placement of a juvenile taken into custody and placed in a detention or shelter facility or a temporary holding facility. Requires a court that orders further detention of the juvenile to make specific findings about the following:
Modifies provisions concerning sentencing of a juvenile. Requires a court that orders a juvenile to a community placement to make specific findings about the following:
Requires the entity scheduling, rather than the entity conducting, a review of community placement to provide notice to certain parties. Requires a permanency hearing to take place every 12 months for as long as a juvenile remains under an order of community placement. Modifies the permanency hearing conducted to require the entity conducting the review to make determinations as to whether reasonable efforts have been made to finalize the juvenile's permanency plan.
Eliminates the court's ability to grant legal custody of an aggravated juvenile offender to a child placement agency for placement in a family child care home, foster care home, or a child care center.
States that a child's guardian ad litem shall seek to assure that reasonable efforts are being made to find another safe and permanent living arrangement for the child when reunification is not possible.
Requires the court, at the temporary custody hearing, to make certain findings if the court enters an order removing a child from the home or continuing a child in a placement out of the home, if such findings are warranted by the evidence.
Clarifies that before certain dispositions are made, it must be established by a preponderance of the evidence that a separation of the child from the parents or guardian is in the best interests of the child.
Adds torture of or extreme cruelty to the child, a sibling of the child, or another child of either parent, to the criteria for termination of the parent-child legal relationship when no appropriate treatment plan can be devised due to the unfitness of the parent or parents.
Requires a permanency hearing every 12 months after a child is considered to have entered foster care. States that if the court finds that reasonable efforts to reunify the child and the parent are unnecessary pursuant to certain factors, a permanency hearing shall be held within 30 days of that finding. States that a child shall be considered to have entered foster care on the date that the child is placed out of his or her home.
Clarifies that any hearing or action that is not open to the participation of certain interested parties is not a permanency hearing. Clarifies notice requirements when the court schedules a permanency hearing.
Requires the court, at the permanency hearing, to make findings that reasonable efforts have been made to finalize the permanency plan of the child. Specifies that such findings shall include a determination of what the placement goal for the child is, including placement in a planned permanent living arrangement. Directs a court to require documentation of compelling reasons to establish a permanency plan with a goal other than reunification, adoption, legal guardianship, or placement with a fit and willing relative. Eliminates the requirement for a copy of the findings from periodic or subsequent reviews to be forwarded to the appropriate judicial district.
Clarifies that a child placed out of the home who is under 6 years old shall have a review at least every 6 months while the child remains in foster care.
Requires the county department of social services, the designated qualified individual, or the child placement agency to report to the court any criminal record check for any prospective adoptive parent that reveals that the prospective adoptive parent was convicted of any felony physical assault or battery or felony drug-related offense within, at a minimum, the previous 5 years. Prohibits a person convicted of specified felony offenses from being allowed to adopt a child.
Appropriates $81,713 to the department of human services for implementation of the act.
APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001
H.B. 01-1227 Reports of child abuse - procedures - appropriation. On and after July 1, 2001, requires investigators of reports of child abuse to consider accepted work-related practices of agricultural communities. Clarifies that a confirmed report of child abuse means a report that a county department of social services ("county department"), law enforcement agency, or entity authorized to investigate institutional abuse has found to be supported by a preponderance of the evidence.
Clarifies that after a county department reviews a local law enforcement investigative report, it shall determine whether the report contains information that constitutes a case of confirmed child abuse and is therefore required to be filed with the state central registry of child protection ("central registry").
On and after July 1, 2001, allows the director of the central registry to expunge from the central registry the name of a subject if a petition in dependency and neglect naming the subject as respondent is not filed within 6 months. On and after July 1, 2001, requires the director of the central registry to expunge the name of a subject who has been listed on the registry for 6 months as a result of a report based on a minor offense if neither criminal charges nor a petition in dependency or neglect has been filed against the subject. Authorizes the state department of human services to define "minor offense" by rule.
States that if the director of the central registry requests a hearing to reinstate a subject's name on the central registry on and after July 1, 2001, then the subject's name shall be designated "status pending" pending the outcome of a hearing and any judicial review, after which the subject's name shall be reinstated or expunged, as determined at the hearing and any judicial review. On and after July 1, 2001, prior to the date that is 6 months after a subject of a minor offense was reported to the director for placement on the central registry, requires the director to determine whether any criminal charge or petition in dependency or neglect has been filed against such subject related to the actions that supported the report of the subject's name to the central registry.
Appropriates $16,390 from the central registry fund to the department of human services, division of child welfare, for allocation to the central registry of child protection, for implementation of the act.
APPROVED by Governor June 1, 2001
EFFECTIVE July 1, 2001
H.B. 01-1260 School Attendance Law of 1963 - access to records - court enforcement. Allows a criminal justice agency investigating a matter under the "School Attendance Law of 1963" to seek, prior to adjudication, disciplinary and truancy information from the juvenile's school. Clarifies the juvenile court has enforcement power for violations of any orders it makes under the "School Attendance Law of 1963".
APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001
H.B. 01-1268 Children's code - termination of parent-child legal relationship - finding of unfitness. Adds the following 2 new criteria for consideration by the court in determining whether a parent is unfit for purposes of terminating that parent's parent-child legal relationship: Whether, on 2 or more occasions, a child in the physical custody of the parent has been adjudicated dependent or neglected and whether, on one or more prior occasions, the parent has had his or her parent-child legal relationship terminated.
APPROVED by Governor May 4, 2001
EFFECTIVE May 4, 2001
H.B. 01-1357 Juvenile corrections - community accountability program - appropriations. Establishes the community accountability program ("program"), providing a sentencing option for adjudicated male and female juveniles from ages 14 to 17. Directs the division of youth corrections in the department of human services to contract with one or more private entities for implementation of the program. Allows the program to be established regionally. Designs the program to consist of a residential component and a community reintegration component. Requires community involvement in the reintegration phase, including the possibility of community advisory boards. Specifies the residential component lasts 60 days and may be extended by court order for 15 days if the juvenile would substantially benefit. Specifies the second component shall not exceed 120 days and the juvenile's participation in the program cannot extend beyond the length of the juvenile's probation sentence. Makes failure to progress through the program a probation violation.
Creates a community accountability program advisory board ("board"), consisting of 13 members appointed jointly by the executive director of the department of human services and the state court administrator. Directs the board to implement selection criteria, oversee the program, report to the general assembly, and recommend support services. Repeals the board, effective July 1, 2011.
Instructs the department of human services to conduct ongoing evaluations of the program. On or before January 15, 2003, and annually thereafter, requires the division of youth corrections to submit a report of the evaluation results to the general assembly.
Appropriates $2,129,020 from the general fund to the department of human services, division of youth services for implementation of the program. Makes the following adjustments to the 2001 long bill: general fund appropriation to the department of human services decreased by $7,540; general fund appropriation to the department of human services, division of youth corrections decreased by $2,243,978, of which $194,996 is transferred from the department of health care policy and financing medicaid cash fund; appropriation to the department of health care policy and financing, the department of human services medicaid-funded programs, division of youth corrections - medicaid funding decreased by $194,996, half from general funds and half from federal funds.
APPROVED by Governor May 31, 2001
EFFECTIVE May 31, 2001
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.