Children And Domestic Matters - Digest of Bills

Digest of Bills - 2002

CHILDREN AND DOMESTIC MATTERS

S.B. 02-20 Juveniles and parents - courts - privileged communications - attorneys - health professionals - clergy. Prevents a minor child or a minor child's parent from being examined as a witness regarding a confidential communication made by the minor child to the parent in the presence of an attorney, physician, mental health professional, or clergy member. Allows waiver of the exception by the minor child by express consent or failure to object when the contents of the communications are demanded. Exempts the privilege in the following cases:

Actions between parents or between a parent and minor child;
A proceeding to commit the minor child or parent;
Guardianship or conservatorship proceedings for either the parent or minor child because of mental or physical disability;
Criminal actions involving the parent and minor child;
An action involving termination or voluntary relinquishment of the parent-child legal relationship;
Any action or proceeding involving child abuse, dependency or neglect, abandonment, or non-support by a parent.

APPROVED by Governor May 6, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 02-21 Child support - schedule of basic child support obligations - low-income adjustments to support calculations - extraordinary medical expenses. Updates the schedule of basic child support obligations based upon the recommendations of the child support commission.

Establishes a minimum monthly child support amount for parents whose combined monthly adjusted gross income is $850 or less. Sets forth an adjustment formula to be applied when calculating the level of child support to be paid by low-income parents. Notwithstanding any other provision, specifies that in those cases in which the obligor's monthly adjusted gross income is less than $850, regardless of the monthly adjusted gross income of the obligee, the court shall order the obligor to pay $50 per month in child support.

In those circumstances in which the combined adjusted gross income of the parents exceeds the uppermost levels of the guideline, permits the judge to use discretion to determine the amount of child support, but directs that such amount may not be less than the amount would be if it were based on the highest level of adjusted gross income set forth in the guideline.

Provides that extraordinary medical expenses include copayments and deductible amounts that exceed $250 per child per year, including costs related to vision care.

Makes the act applicable to actions to establish child support and motions to modify child support filed on or after January 1, 2003.

APPROVED by Governor April 18, 2002
EFFECTIVE January 1, 2003

S.B. 02-49 Domestic proceedings - confidentiality agreement - exceptions - open summary. Upon written agreement of both parties, makes confidential specified documents submitted to the court in a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, child custody, or the allocation of parental responsibilities filed on or after July 1, 2002. Requires parties to file the specified confidential documents in a specific manner. Requires the parties to agree upon and file a summary of any confidential parenting plan or allocation of parental responsibilities submitted to the court. Makes exceptions to allow certain persons and agencies to have access to confidential information.

VETOED by Governor June 2, 2002

S.B. 02-128 Foster children and minors in out-of-home placement - limited authority to obtain an instruction permit to drive. Allows a guardian ad litem, a designated official of the local department of social services, or a designated official of the division of youth corrections to sign an application authorizing a minor in foster care or other out-of-home placement to apply for an instruction permit where the parent, or the foster parent, if the minor is in the care of a foster parent, is unwilling or unable to sign the affidavit of liability; except that the guardian ad litem or designated official shall not sign the application for an instruction permit for a minor who is under 17 ½ years of age in a foster care home without first obtaining the consent of the foster parent.

Provides that in such circumstances the minor may obtain an instruction permit from the department of revenue to drive without a signed affidavit of liability, subject to the following requirements:

The guardian ad litem or designated official signs the application for the instruction permit;
If the minor is in the care of a foster parent and is under 17 ½ years of age, the foster parent consents to the minor learning driving skills;
If the minor is in the care of a foster parent and is at least 17 ½ years of age, the guardian ad litem or the designated official has consulted with the foster parent about the minor's ability to exercise good judgment and make decisions and about the minor's overall capacity to drive;
The minor is enrolled in or will be enrolled in a commercial driving course that insures the motor vehicles in which the minor will be driving as a student for property damage and personal injury;
The commercial driving course maintains possession of the minor's instruction permit at all times.

States that nothing in the act requires a foster parent to sign an affidavit of liability for a foster child and nothing in the act precludes a foster parent from obtaining a named driver's exclusion on the foster parent's insurance policy.

APPROVED by Governor May 2, 2002
EFFECTIVE May 2, 2002

S.B. 02-187 Reports of abuse or neglect. Clarifies that any unlawful sexual behavior, as defined in the criminal code, is child abuse for purposes of dependency or neglect of a child. Clarifies that persons who are required to report abuse or neglect are to do so immediately upon receiving information creating reasonable cause to know or suspect that a child has been subjected to abuse or neglect.

APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002

S.B. 02-210 Mandatory reports of abuse or neglect - clergy members. Adds clergy members to the list of persons required to report suspicion of child abuse or neglect. Creates an exception to the reporting requirement if the clergy member could not be required to testify about the communication.

Applies to reasonable cause to know or suspect child abuse or neglect acquired on or after June 3, 2002.

APPROVED by Governor June 3, 2002
EFFECTIVE June 3, 2002

H.B. 02-1009 Civil restraining orders - motions to modify or dismiss - appropriation. Authorizes a court to grant one continuance not to exceed 14 days for each party of the show cause hearing related to the issuance of a civil restraining order. Clarifies that the protected party may apply to the court at any time to modify or dismiss a civil restraining order. Specifies that the restrained party may bring a motion to modify or dismiss a civil restraining order no more frequently than once every 4 years. Requires the restrained party to file with a motion to modify a civil restraining order the results from the Colorado bureau of investigation of a fingerprint-based criminal history record check.

Provides that, if the restrained party has been subsequently convicted of any domestic violence misdemeanor, other than the original offense that formed the basis for the issuance of the restraining order, or any felony, then the civil restraining order shall remain permanent and may not be dismissed. Specifies that the court retains jurisdiction to enforce, modify, or dismiss a civil restraining order.

Requires a party moving to modify or dismiss a civil restraining order to affect personal service on the other party with a copy of the motion and notice of the hearing and to bear the burden of proof at the hearing. Specifies the factors the court shall consider in granting a modification or dismissal of a civil restraining order.

Directs the state court administrator, pursuant to rule-making authority, to design and make available to the courts a standardized set of forms verifying service of civil restraining orders.

For the 2002-03 fiscal year, appropriates $92,427 and 0.2 FTE to the department of public safety for the implementation of the act.

APPROVED by Governor May 24, 2002
EFFECTIVE July 1, 2002

H.B. 02-1018 Child care licensing - posting of information regarding filing of complaints - exception for child placement agencies. Excepts child placement agencies from the requirement that child care facilities display information regarding the filing of complaints in a prominent and conspicuous location during the hours of operation. Requires such agencies and foster care homes to make the complaint information available for inspection by their patrons, upon request.

Requires foster care homes to make their licenses available to patrons for inspection upon request.

APPROVED by Governor March 13, 2002
EFFECTIVE March 13, 2002

H.B. 02-1055 Child support - enforcement procedures - enforcement of health insurance. Makes the following changes to the "Colorado Child Support Enforcement Procedures Act":

Defines the term "plan" as it relates to health benefit plans;
Clarifies that the obligee's representative and the delegate child support enforcement unit may activate income assignments;
Upon agreement with the state child support enforcement agency, allows for any payor of funds to electronically receive the notice to withhold income for support; and
Changes the process used by delegate child support enforcement units for deductions for health insurance, setting forth the new process in the "Colorado Child Support Enforcement Act".
Makes the following changes to the "Colorado Child Support Enforcement Act":
Clarifies that the family support registry fund shall include moneys received from family support registry transaction processing fees;
Specifies that unexpended and unencumbered moneys remaining in the family support registry fund at the end of any fiscal year shall remain in the fund, and further specifies that the moneys shall be continuously appropriated to the state department of human services;
Clarifies the process for the review and adjustment of child support amounts and reduces the period of time from 40 days to 30 days in which either party may challenge the results of the review and makes such changes effective January 1, 2003; and
Sets forth a procedure, using a national medical support notice form, for the delegate child support enforcement units to follow in enforcing health insurance coverage obligations.

APPROVED by Governor March 13, 2002
EFFECTIVE July 1, 2002

H.B. 02-1063 Colorado Children's Trust Fund Act - independent evaluation - continuation. Continues the existence of the "Colorado Children's Trust Fund Act" by extending the automatic termination date to 2012. Requires the department of public health and environment to submit a report of the independent evaluation of the trust fund to the health, environment, welfare, and institutions committee of the house of representatives and the health, environment, children and families committee of the senate by November 1, 2011.

APPROVED by Governor March 21, 2002
EFFECTIVE March 21, 2002

H.B. 02-1064 Indian Child Welfare Act. Recognizes Colorado's commitment to consistent application of and compliance with the federal "Indian Child Welfare Act" ("act") statewide.

Requires the petitioning or filing party in those types of cases to which the act applies, including certain juvenile delinquency proceedings, dependency or neglect proceedings, termination of parental rights proceedings, and pre-adoptive and adoption proceedings, to make continuing inquiries to determine whether the child who is the subject of the proceeding is an Indian child and, if so, to determine the identity of the Indian child's tribe. In such cases, directs the petitioning or filing party to send notice by registered mail to certain persons in the Indian child's tribe. Specifies that the initial pleading shall include a statement concerning the efforts made to determine whether the child who is the subject of the proceeding is an Indian child, and, if so, the identity of the Indian child's tribe. Directs that the postal receipt for the registered mail be attached to the initial pleading or filed with the court within 10 days after the filing of the initial pleading. Requires the court in those cases in which the petition does not disclose whether the subject child is an Indian child, to inquire of the parties at the first hearing whether the child is an Indian child and, if so, whether the parties have complied with the procedural requirements set forth in the act.

Encourages the state department of human services ("state department") and the county departments of social services to work cooperatively in exchanging information they may have about Indian tribes outside the state of Colorado. Lists certain "good cause" factors the state court is encouraged to consider in determining whether to transfer a case under the act to a tribal court.

Directs that the informational notice of rights and remedies for families required to be prepared by the state department in dependency or neglect cases be in writing and include a notification of rights of parents, guardians, and legal custodians of Indian children, pursuant to the act.

APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002

H.B. 02-1083 Missing children - Amber alert program - creation. Creates the "Amber alert" program ("program") to broadcast notice of child abductions. Requires the Colorado bureau of investigation ("CBI") to implement the program. Specifies the program shall include a procedure by which a local law enforcement agency may verify a child abduction and notify CBI of the abduction. Commands CBI to issue an "Amber alert" after confirming the local law enforcement agency's information. Directs the alert be sent to the federal communications commission's designated state emergency alert system broadcaster in Colorado. Requires the director of the department of public safety to promulgate rules to implement the program.

APPROVED by Governor April 1, 2002
EFFECTIVE April 1, 2002

H.B. 02-1159 Homeless youth services - creation of office - appropriation. Creates the "Colorado Homeless Youth Services Act". Creates the office of homeless youth services ("office") in the division of prevention and intervention services for children and youth in the department of public health and environment to provide information, coordination, and support services to public and private entities serving the homeless youth of Colorado. Strongly encourages the office to work with the executive directors or the designees of the executive directors of specified Colorado departments, private nonprofit and not-for-profit organizations, appropriate federal departments, and other key stakeholders in the community in performing the duties of the office. Specifies the minimum duties of the office.

Decreases by one the number of FTE in the department of public health and environment for the prevention and intervention services for children and youth, Colorado children's trust fund and increases by one the number of FTE in the department of public health and environment for the prevention and intervention services for children and youth, youth crime prevention and positive intervention program, prevention services programs.

APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002

H.B. 02-1262 Colorado works - basic assistance grant expansion - children exiting foster care into custody or guardianship of grandparent. Subject to available appropriations, authorizes the county department of social services to provide to a grandchild who was in foster care and who exited foster care into the legal custody or legal guardianship of a grandparent, a basic assistance grant under the Colorado works program, eligibility for which is based on either of the following:

The eligibility criteria that were in effect through rules governing the aid to families with dependent children program in Colorado on July 16, 1996; or
The financial eligibility criteria for the average foster care home maintenance payment, as defined pursuant to rules promulgated by the state board of human services.

APPROVED by Governor May 31, 2002
EFFECTIVE May 31, 2002

H.B. 02-1311 Records of abandoned infants - confidential. Specifies that documents prepared by firefighters, members of a hospital staff, and law enforcement officers concerning abandoned children are dependency and neglect records and are confidential.

APPROVED by Governor April 1, 2002
EFFECTIVE April 1, 2002