Children And Domestic Matters - Digest of Bills

Digest of Bills - 2003

CHILDREN AND DOMESTIC MATTERS

S.B. 03-23 Neglected or dependent child - expedited permanency placement - motion for termination - timing - notice to respondent. In a county that has adopted expedited procedures for the permanent placement of children, if a child is under 6 years of age at the time a petition in dependency or neglect is filed, requires the court to hear a motion for termination of the parent-child legal relationship within 120 days after such motion is filed. Prohibits the court from granting a delay of the hearing concerning the motion for termination unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay.

At the first appearance of a respondent, parent, guardian, or legal custodian, requires the court to fully explain the notice of rights and remedies for families to the respondent and to recommend that the respondent discuss the notice with counsel. Further requires the court to advise a respondent of the minimum and maximum time frames for the dependency and neglect process.

APPROVED by Governor April 22, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 03-79 Child support - genetic testing for determination of parentage - "Uniform Interstate Family Support Act" - child support guidelines - "Colorado Child Support Enforcement Act" - "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support". Changes the provisions for genetic testing to determine parentage as follows:

● Specifies what information shall be considered sufficient for establishing the chain of custody of the specimens taken;

● Identifies what body tissue and fluid samples may be used for testing;

● Provides that specimens and reports are confidential, and makes the intentional and unauthorized release of an identifiable specimen of another person a class 1 misdemeanor;

● Specifies when a man shall be presumed to be the father of a child based upon the genetic testing;

● Identifies how certain presumptions of parenthood may be overcome;

● Allows the court to order genetic testing of a deceased individual; and

● Allows the court to rely on nongenetic evidence when determining which identical brother is the father of the child.

Amends the "Uniform Interstate Family Support Act" ("UIFSA") as follows:

● Amends the definitions section of UIFSA, including eliminating obsolete references to the "Uniform Reciprocal Enforcement of Support Act" and the "Revised Uniform Reciprocal Enforcement of Support Act" and adding new defined terms;

● Clarifies that the remedies set forth in the act neither provide the exclusive method of establishing or enforcing a support order nor grant a tribunal jurisdiction to render judgment or issue an order relating to child custody or visitation;

● Clarifies the requirements for personal jurisdiction in cases concerning the modification of child support orders from other states;

● Clarifies under what circumstances a tribunal has jurisdiction to modify a child support order and to enforce a child support order under UIFSA;

● Amends the procedure for determining which is the "controlling order" when there are competing orders;

● Specifies that a tribunal shall credit amounts collected for a particular period pursuant to a child support order against the amounts owed for the same period under another child support order for support of the same child;

● States how UIFSA is to be applied to nonresidents who are subject to the personal jurisdiction of a court;

● Identifies the authority of the tribunals with respect to the modification and enforcement of spousal-support orders;

● Makes changes to the procedural provisions of general applicability;

● Requires a delegate child support enforcement unit to redirect payments when parties move;

● Clarifies the situations in which it is appropriate for a tribunal to enter a temporary child support order;

● Clarifies that an income-withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency;

● Adds procedures for making controlling order determinations and clarifies which state's laws apply;

● Gives authority to modify orders from foreign countries; and

● Repeals certain provisions concerning reciprocity with foreign jurisdictions and the interstate central registry.

Specifies that, in certain circumstances, the court in a dissolution of marriage, legal separation, or declaration of invalidity proceeding, is deemed to have made an adjudication of the parentage of a child of the marriage.

Changes the child support guidelines by:

● Correcting an omission related to the applicability of the $50-per-month child support obligation in those low-income cases in which the combined income of the parties is exactly $850; and

● Specifying that the $50-per-month child support obligation and the low-income adjustment shall not apply when both parents have the child more than 92 overnights per year.

Clarifies that a contractual agent of a delegate child support enforcement unit may include a private child support collection agency operating as an independent contractor with a county department of social services.

Provides for the state child support enforcement agency and the delegate child support enforcement units to have access to dependency or neglect records, parentage case records, adoption and relinquishment records, and certain judicial records for child support establishment, enforcement, and location purposes. Directs the state department of human services and the judicial department to design a process for exchanging information.

Specifies factors for the court to consider in determining paternity when 2 or more presumptions of parentage arise which conflict with each other.

Changes terminology concerning artificial insemination to "assisted reproduction". Requires a wife's consent to assisted reproduction to be in writing just as the husband's consent is. Specifies when a donor will be considered the father of a child resulting from assisted reproduction in situations in which a dissolution of marriage or the death of the donor intervenes. Further specifies that a wife consenting to assisted reproduction with an egg donated by another woman, to conceive a child for herself, shall be treated in law as if she were the natural mother of a child thereby conceived.

Amends the "Colorado Child Support Enforcement Act" by stating that a contractual agent of a delegate child support enforcement unit may include a private child support collection agency operating as an independent contractor with a county department of social services.

Amends the "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support" by:

● Stating that a contractual agent of a delegate child support enforcement unit may include a private child support collection agency operating as an independent contractor with a county department of social services; and

● Repealing a provision concerning the establishment and enforcement of duties of support in interstate cases that conflicts with the provisions of the UIFSA enacted after the provision.

Clarifies that the state department of human services may offset child support debt, child support arrearages, or child support costs, against cash prize or non-cash prize lottery winnings. Defines the terms "cash prize" and "non-cash prize". Specifies the procedure to be applied with cash prize winnings and non-cash prize winnings.

Harmonizes ambiguities created by the passage and enactment of House Bill 03-1036 addressing the offset of lottery winnings against restitution.

Sets forth varying effective dates and applicability provisions for each section of the act. Provides that sections 69, 70, and 71 are effective only if House Bill 03-1036 is enacted and becomes law.

APPROVED by Governor April 22, 2003
PORTIONS EFFECTIVE April 22, 2003
PORTIONS EFFECTIVE July 1, 2003
PORTIONS EFFECTIVE July 1, 2004
NOTE: House Bill 03-1036 was signed by the Governor March 20, 2003.

S.B. 03-253 Children - negligence claims - parental waiver. Permits a parent of a child to release, on behalf of the child, a prospective negligence claim of the child. Clarifies that a parent may not waive the child's prospective claim based on willful and wanton conduct, reckless conduct, or grossly negligent conduct.

APPROVED by Governor May 14, 2003
EFFECTIVE May 14, 2003

S.B. 03-284 FY 2003-04 budget reduction bill - mandatory juvenile parole - 6- month period - appropriation. Reduces the mandatory period of juvenile parole from 9 months to 6 months.

Reduces the general fund appropriations in the 2003 general appropriations act for the 2003-04 fiscal year to the department of human services by $18,968 in the office of operations and by $365,606 in the division of youth corrections.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-286 FY 2003-04 budget reduction bill - cap on juvenile detention beds - working group - appropriation. Limits the number of juvenile detention beds in the state to 479. Creates a working group to:

● Allocate the number of juvenile detention beds in the state among the catchment areas and then among the judicial districts in the catchment areas;

● Develop a mechanism for a judicial district to loan beds to another judicial district in the same catchment area in a case of need;

● Develop guidelines for emergency release and placement of juveniles.

Requires each judicial district annually to develop a plan for managing the cap and ensuring the cap is not exceeded. States a juvenile committed to the department of human services pursuant to a dependency or neglect case shall not be placed in a juvenile detention bed unless the juvenile has a juvenile delinquency case pending.

Reduces the general fund appropriation in the 2003 general appropriations act for the 2003-04 fiscal year to the department of human services, division of youth corrections, community program by $1,670,343.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-314 Sibling group placement - rebuttable presumption. In dependency and neglect cases, adoption cases, voluntary relinquishment cases, and cases terminating the parent-child legal relationship, establishes a presumption that it is in the best interests of children in a sibling group to be placed together when out-of-home placement is recommended and an appropriate, capable, willing, and available joint placement is located. States that the presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.

APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003

S.B. 03-327 Dependency or neglect hearings - required findings - combined hearings - repeal of requirement. Requires the court to make certain findings at the time the court enters an order awarding legal custody of a child to the department of human services or to a county department of social services and at the time the court enters an order continuing a child in a placement out of the home.

Specifies that, if the court finds that reasonable efforts to reunify the child and the parent are not required and a motion for termination has been properly filed, the permanency hearing and the hearing on the motion for termination may be combined, and all of the court determinations required at both hearings shall be made in the combined hearing.

Specifies that, if the court combines the permanency hearing and the periodic review, the court shall make the determinations required for both the permanency hearing and the periodic review at the combined hearing.

Repeals the requirement that the entity conducting a periodic review or any subsequent review for a child who resides in a placement out of state make a determination that the out-of-state placement continues to be appropriate and in the best interests of the child.

APPROVED by Governor June 5, 2003
EFFECTIVE July 1, 2003

H.B. 03-1014 Court-appointed special advocate (CASA) program - definitions. Clarifies definitions and statutory references relating to the court-appointed special advocate (CASA) program.

APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003

H.B. 03-1024 Foster care homes - application of rules - certification - definitions - misdemeanor child abuse - inspections - Amber Alert program - appropriation. Requires the state board of human services ("state board"), by January 1, 2004, to promulgate rules that apply to all foster care, regardless of whether the home is certified by a county department of social services ("county department") or a child placement agency ("CPA"), that include:

● Procedures for notifying all county departments and CPAs when the state department of human services ("state department") has identified a confirmed report of child abuse or neglect that involves a foster care home; and

● Immediate notification of the guardian ad litem when the child is placed in a foster home.

Creates a new definition of "medical foster care". Clarifies that a foster care home cannot be certified by more than one CPA or county department at any one time. Adds therapeutic foster care and developmentally disabled foster care to the list of specialized foster care that may be provided by a CPA. Expands the list of offenses a conviction for which will result in the denial of a child care license to include misdemeanor child abuse. Directs the state board to require employees of a county department who have direct contact with children in foster care to submit fingerprints for the purpose of obtaining a fingerprint-based criminal history record check. Clarifies that the state department may only authorize or contract for child care facility investigations and inspections of facilities that provide less than 24-hour care. Requires the findings of any state department investigation of a CPA to include the CPA's response to those findings, if any, in the report to the county department. Directs the state department, within available appropriations, to monitor quarterly the county department certification of foster homes.

Permits the state Amber Alert program to be activated for abducted children who are not Colorado residents but who are traveling to or in Colorado.

For the fiscal year beginning July 1, 2003, appropriates to the department of public safety, for allocation to the Colorado bureau of investigation, $24,300.

APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003

H.B. 03-1025 Juvenile sentencing - special education history - individual education programs. Includes a student's individual education program in the definition of education records. Permits the court, in a case where a juvenile has an individual education program, to order the juvenile to comply with his or her individual education program, taking into account the intellectual functioning, adaptive behavior, and emotional behaviors associated with the juvenile's disability and subject to a manifestation determination. Authorizes the inclusion of any special education history and any current individual education program the juvenile may have in a juvenile presentence report.

APPROVED by Governor May 21, 2003
EFFECTIVE August 6, 2003

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1037 Child abuse or neglect - mandatory reporters. Requires any social worker or worker in a facility or agency that is licensed or certified pursuant to the child care licensing provisions and any worker in the state department of human services who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect to report immediately or cause a report to be made of such fact to a county department of social services or a local law enforcement agency.

APPROVED by Governor March 20, 2003
EFFECTIVE March 20, 2003

H.B. 03-1079 Juvenile parole - discharge sentence - one period of mandatory parole. Specifies the remaining period of commitment for a juvenile who is granted and completes parole is deemed discharged. Establishes that a juvenile committed consecutively for 2 or more crimes shall serve one 9-month mandatory period of parole unless otherwise extended. Clarifies that the juvenile parole board may discharge a juvenile from parole after completion of the 9-month mandatory period of parole, but prior to expiration of the full parole period.

APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003

H.B. 03-1084 Child abuse - persons required to report - certain registered dietitians. Requires certain registered dietitians who have reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who have observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect to report immediately or cause a report to be made of such fact to a county department of social services or a local law enforcement agency.

APPROVED by Governor March 20, 2003
EFFECTIVE March 20, 2003

H.B. 03-1095 Abandoned children - procedural requirements. Requires a firefighter or hospital staff member who takes temporary physical custody of an abandoned child who is 72 hours old or younger to notify the county department of human services in addition to a law enforcement officer.

States that a parent who voluntarily delivers such a child to a firefighter at a fire station or a hospital staff member at a hospital shall not, for that reason alone, have his or her name added to the state central registry of child protection.

States that the exception to the requirement that a county department make reasonable efforts to prevent a child's removal from the home or to reunify the child and the family when the parental rights of the parent with respect to a sibling of the child have been involuntarily terminated shall not apply when the prior sibling termination resulted from a parent delivering a child to a firefighter or a hospital staff member pursuant to the abandoned children statute.

APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003

H.B. 03-1169 Child abuse definition - manufacturing a controlled substance - presence of a child. Expands the definition of "abuse" and "child abuse or neglect" in the "Colorado Children's Code" to include manufacturing or attempting to manufacture a controlled substance in the presence of a child or on the premises where a child is found or where a child resides.

APPROVED by Governor April 1, 2003
EFFECTIVE July 1, 2003

H.B. 03-1211 State central registry of child protection - repeal - reports of child abuse or neglect - investigation - training - appeal process - release of information - rules. On and after January 1, 2004, repeals the state central registry of child protection ("central registry"). On or before January 1, 2004, requires the state department of human services ("state department") to train county departments of social services ("county departments") to achieve consistency and standardization in investigating reports of child abuse or neglect; reporting confirmed incidents of child abuse or neglect; preparing documents related to records and reports of child abuse or neglect; entering data into computer systems; and maintaining confidentiality in accordance with federal and state law. Requires the state board of human services ("state board") to promulgate rules establishing a process by which a person who is found to be responsible in a confirmed report of child abuse or neglect shall receive notice and may appeal the finding of the confirmed report. Requires the rules, at a minimum, to address specific issues, including procedures that facilitate the prompt expungement of and prevent the release of any information contained in certain records and reports that are found to be unsubstantiated or false, with an exception. Requires the state board to promulgate rules establishing guidelines for the release of information contained in records and reports of child abuse or neglect for screening purposes to assure compliance with state and federal law.

Makes conforming amendments, including substituting the utilization of records and reports of child abuse or neglect maintained by the state department for the utilization of the central registry in screening certain child care license applicants. Authorizes the state department to utilize records and reports of child abuse or neglect for the purpose of aiding the department of education in an investigation of an allegation of abuse by an employee of a school district. Repeals provisions authorizing the use of the central registry for aiding the department of corrections in decisions related to offender treatment, visitation, and supervision. Authorizes the state department to assess a fee for screening checks utilizing records and reports of child abuse or neglect. Creates the records and reports fund and transfers moneys in the central registry fund to the records and reports fund.

Makes it a class 1 misdemeanor to release or willfully permit or encourage the release of data or information contained in records and reports of child abuse or neglect to persons not permitted access to such information. Requires county departments to submit, rather than forward, a copy of a report of confirmed child abuse or neglect to the state department.

APPROVED by Governor April 29, 2003
EFFECTIVE January 1, 2004

H.B. 03-1240 Juvenile justice hearings - waiver of hearing before a judge - juvenile receiving treatment or services - periodic report - request for hearing - juvenile probation services agreements - contracts with private agencies - juvenile in detention or shelter - presumption - exceptions. Specifies that for proceedings occurring on or after July 1, 2003, the right to require a juvenile justice hearing to be held before a judge shall be waived unless a request is made by any party at the time the hearing is set.

If a juvenile is receiving any treatment or services pursuant to a court order, requires the treatment facility or program to file a report with the court concerning the juvenile's treatment or services periodically, but at least every 90 days following the date that the juvenile is certified mentally ill or recommended to receive treatment or services for developmental disabilities. Authorizes any interested party to request a hearing concerning the report submitted by the treatment facility or program. Specifies that the court may continue to suspend the juvenile justice proceedings for additional 90-day periods while the juvenile remains in treatment or receives services. Repeals the authority of the court to dismiss any pending juvenile justice actions while the juvenile remains in treatment or receives services.

Authorizes juvenile court judges to enter into agreements with private for-profit or nonprofit agencies to provide supervision or other services for juveniles placed on probation by the court.

Specifies that there is not a rebuttable presumption that a juvenile is a danger to himself or herself or to the community if the juvenile is alleged to have committed certain crimes and if the item in the possession of the juvenile while he or she is alleged to have committed such crimes is alleged to be a bee-bee gun, a pellet gun, or a gas gun.

APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003

H.B. 03-1286 Termination of parent-child legal relationship - expedited procedures for voluntary relinquishment and termination. Establishes an expedited procedure by which, no sooner than 4 days after the birth of a child, a petition for voluntary relinquishment may be filed with the court for entry of an order terminating the parent-child legal relationship without the necessity of a court hearing if the child is under one year of age at the time of the filing of the petition, the relinquishing parent is assisted by a licensed child placement agency or a county department of social services ("county department"), and the relinquishing parent has signed an affidavit stating his or her desire to voluntarily relinquish his or her parent-child legal relationship with respect to the child.

Specifies the contents of the affidavit and requires the affidavit to be signed before a notary public and 2 witnesses, one of whom is neither associated with the licensed child placement agency or county department assisting the relinquishing parent nor a potential adoptive parent of the child to be relinquished. Specifies that the affidavit may be signed before the child is actually born. Permits the relinquishing birth parent to withdraw the affidavit any time after signing it, but before the affidavit and petition are filed with the court. Directs that the affidavit be attached to the petition for relinquishment and filed with the court. Restricts the child placement agency or county department from submitting the petition and affidavit for judicial review unless a permanent placement for the child has been identified.

If the petition for relinquishment is accompanied by an affidavit of voluntary relinquishment and if the relinquishing parent is assisted by a licensed child placement agency or county department, authorizes the court to vacate the relinquishment hearing and to enter an order terminating the relinquishing parent's parent-child legal relationship no more than 7 business days after the date of filing of the petition and affidavit.

Specifies that, in those cases in which one birth parent is voluntarily relinquishing his or her parental rights pursuant to the expedited process, the licensed child placement agency or county department assisting the relinquishing parent shall provide the other birth parent or possible birth parents with written notice that failure to appear and contest the termination or failure to file an answer to the petition or to file a paternity action within 20 days after the date of the notice may likely result in termination of the person's parent-child legal relationship. Authorizes the notice to be sent before the birth of the child to be relinquished. Further authorizes the other birth parent or possible birth parents to sign an affidavit of voluntary relinquishment before the child is born.

In those circumstances in which the other birth parent or possible birth parents fail to appear and contest or file an answer to the petition for termination or fail to file a paternity action or in which the other birth parent or possible birth parents have signed the affidavit of voluntary relinquishment, directs the court to vacate the proceeding and, at the time of review of the case, enter an order terminating the other birth parent's or possible birth parents' parent-child legal relationship.

Notwithstanding the expedited process, allows a court, on its own motion, to hold a hearing to determine a petition of a relinquishing parent to terminate his or her parental rights or a petition to terminate the other birth parent's or possible birth parents' parental rights.

APPROVED by Governor April 7, 2003
EFFECTIVE July 1, 2003

H.B. 03-1376 Abortion - parental notification - medical emergency - judicial bypass. Modifies the definition of abortion in the "Colorado Parental Notification Act". Permits a notification to a relative if the minor lives with the relative and not a parent. Requires the medical staff that informs the minor of the notification requirement to provide the minor with information regarding the circumstances where only one parent needs to be notified. Allows a clergy member to make the notification to the parents or relative.

For a minor child seeking an abortion, provides that parental notification is not required when the attending physician certifies in the minor's medical record that a medical emergency exists and there is insufficient time to provide notice to the parent.

Eliminates the criminal penalty for performing an abortion in willful violation of the act. Makes the judicial bypass effective. Amends the judicial bypass section of the "Colorado Parental Notification Act" to include specific time periods for a court to hear the petition or appeal. Compels the court to enter an order dispensing with notification if the court finds it is in the minor's best interest or the minor is sufficiently mature. Requires the Colorado supreme court to make rules for the judicial bypass procedure.

APPROVED by Governor June 3, 2003
EFFECTIVE June 3, 2003