S.B. 05-2 Juvenile parole - members of parole board needed to make decisions - juvenile's presence at parole hearing not required if in jail pending adult charges - reduction of mandatory parole on consecutive sentences. When a juvenile parole case is referred to the juvenile parole board ("board") because a hearing panel disagrees on the granting of parole, requires the decision be made by a majority vote of the board members present. States that, when the board is considering the parole of a juvenile who is a violent juvenile offender or an aggravated juvenile offender, the majority of the board members present make the decision. In the case of a juvenile who is a violent juvenile offender or an aggravated juvenile offender whose commitment is about to expire, requires a hearing panel to hold the hearing and make a recommendation to the board, and directs the board to review the case and make a decision by a majority vote of members present at the hearing of the full board. Allows the board to hold a hearing without the juvenile's presence if the juvenile is in jail pending adult charges. States that, when the board conducts a hearing in one of these cases, a quorum shall be present.
Reduces from 9 months to 6 months the period of mandatory parole for a juvenile who is committed to the department of human services on consecutive sentences for the commission of 2 or more offenses.
APPROVED by Governor April 14, 2005
EFFECTIVE April 14, 2005
S.B. 05-4 Child abuse or neglect - mandatory reporters. Adds juvenile parole and probation officers, special advocates, officers and agents of the state bureau of animal protection, and animal control officers to the list of persons required to report child abuse or neglect.
APPROVED by Governor April 22, 2005
EFFECTIVE April 22, 2005
S.B. 05-181 Child support obligations - genetic testing advisements - authority to order allocation of parental responsibilities. For actions filed on and after January 1, 2006, requires a summons in a proceeding for dissolution of marriage, a summons in a paternity action, a petition in a proceeding to compel a parent to support a child, and a notice of financial responsibility to an obligor sent by a delegate child enforcement unit, to include specified advisements regarding genetic tests. For actions filed on and after January 1, 2006, requires the judge or magistrate, at the informal hearing held after an action has been brought, to declare the existence or nonexistence of the father-child relationship and, at a hearing concerning child support, to advise the parties of specified issues regarding genetic testing.
Clarifies procedures for accomplishing service in actions to determine the existence of the father and child relationship and in actions to compel a parent to support a child.
For actions filed on and after July 1, 2005, authorizes a court with jurisdiction to determine the liability of one person for the support of another person to enter an order concerning allocation of parental responsibilities, and makes an exception.
APPROVED by Governor April 22, 2005
PORTIONS EFFECTIVE April 22, 2005
PORTIONS EFFECTIVE July 1, 2005
PORTIONS EFFECTIVE January 1, 2006
H.B. 05-1034 Competency-to-proceed - juvenile delinquency cases. Creates a competency-to-proceed statute for juvenile delinquency cases. Prohibits a juvenile who is incompetent to proceed from being tried or sentenced. Requires the court, prosecution, defense, guardian ad litem, probation department, parent, or legal guardian to raise the issue of competency if there is a belief the juvenile is incompetent to proceed. When the issue of competency is raised, requires the court to make a preliminary finding regarding whether the juvenile is competent to proceed. Permits the court to order a competency evaluation to aid in making the preliminary finding. Creates a procedure for a party to challenge the preliminary finding. States the preliminary finding becomes a final determination if there is no challenge to the preliminary finding.
If the court determines the juvenile is incompetent to proceed, requires the court to determine whether the juvenile may be restored to competency. If the court finds the juvenile restorable, directs the court to stay the proceedings and order restoration services in the least restrictive environment, taking into account public safety and the best interests of the juvenile. Requires the court to review the juvenile's progress toward competency at least every 90 days until competency is restored. Permits the court to order a restoration hearing on its own motion or upon motion of the prosecution or juvenile. Once the court finds the juvenile restored, directs the court to resume the proceedings.
If the court finds the juvenile is not restorable to competency, compels the court to consider a management plan for the juvenile. Directs that the management plan be based upon court findings of the least restrictive environment, taking into account public safety and the best interests of the juvenile. Directs the management plan to address treatment for the juvenile, supervisory responsibility for the juvenile, and behavior management tools, if not part of the treatment plan. Provides guidelines for what the management plan may include.
Declares that a determination of incompetency-to-proceed shall not preclude the court from considering release of the juvenile on bail. Declares evidence obtained during a competency evaluation or during treatment related to a juvenile's competency and the determination of the juvenile's competency are not admissible on the issues raised by a plea of not guilty.
APPROVED by Governor June 3, 2005
EFFECTIVE July 1, 2005
H.B. 05-1038 Child support - termination. Clarifies that, for child support orders entered on or after July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the child attains 19 years of age, absent specified circumstances.
APPROVED by Governor March 25, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1093 Prospective adoptive parents - fingerprint-based criminal history record checks. Requires the state board of human services to promulgate rules concerning petitions for adoption when a child is placed for adoption by a county department of social services ("county department") or a child placement agency to require each prospective adoptive parent of the child to submit to both a state and a national fingerprint-based criminal history record check, utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Requires the county department or the child placement agency, as may be appropriate, to report to the court any case in which a fingerprint-based criminal history record check of a prospective adoptive parent of a child placed for adoption by the county department or a child placement agency reveals that the prospective adoptive parent was convicted at any time of a specified felony or misdemeanor.
Requires any other prospective adoptive parent to provide a complete set of fingerprints to the Colorado bureau of investigation to obtain fingerprint-based criminal history record checks through the Colorado bureau of investigation and the federal bureau of investigation. Requires such a prospective adoptive parent to pay for the cost of obtaining the criminal history record checks and to present the results of his or her fingerprint-based criminal history record checks to the court for review by the court.
Makes the act contingent upon passage of and decrease in state cash fund revenues resulting from House Bill 05-1264.
APPROVED by Governor May 26, 2005
EFFECTIVE May 26, 2005
NOTE: House Bill 05-1264 was signed by the governor May 27, 2005. For more
information on the effective date of this act, see section 3 of the act.
H.B. 05-1141 Child abuse - positive testing at birth - certain controlled substances - exception. On and after July 1, 2005, defines "abuse" or "child abuse or neglect" for purposes of investigation of potential child abuse or neglect and adjudication of a child as neglected or dependent to include any case in which a child tests positive at birth for either a schedule-I or a schedule-II controlled substance, unless the child tests positive for a schedule-II controlled substance as a result of the mother's lawful intake of such substance as prescribed.
Specifies that when a report of known or suspected incident of intrafamilial abuse or neglect involves a case in which the child tests positive at birth for either a schedule-I or a schedule-II controlled substance and the parents of the child or a child placement agency assisting the parents of the child has filed, or anticipates filing, a petition for expedited relinquishment, the county department of social services charged with investigating the report may appropriately verify that a petition for relinquishment has been filed or is imminent and deem that the report does not require additional investigation, pending finalization of the relinquishment.
APPROVED by Governor May 26, 2005
EFFECTIVE July 1, 2005
H.B. 05-1157 Allocation of parental responsibilities - supplemental evaluation - judicial discretion. In a domestic relations proceeding, directs the court to deny a supplemental evaluation to an initial evaluation concerning the allocation of parental responsibilities when the court determines that, in addition to the initial evaluation, there has been a previous investigation and report by a special advocate and the court finds that a supplemental evaluation will not serve the best interests of the child.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
H.B. 05-1170 Anticipated expedited relinquishment - children under one year of age - notice to other or possible parent - administrative procedures. Authorizes a licensed child placement agency assisting a parent who plans to relinquish a child through an expedited relinquishment to provide notice of the anticipated expedited relinquishment on behalf of the relinquishing parent to any other birth parent or possible birth parent who is not a presumed parent. Specifies that the licensed child placement agency may give notice of the anticipated expedited relinquishment prior to or after the filing of the affidavit and petition with the court, but not more than 60 days prior to the anticipated birth of the child to be relinquished. Specifies requirements for serving notice and for information that shall be included in the notice. States that, to properly reply to a notice and declare an intent to contest the termination of the parent-child legal relationship, the other birth parent or possible birth parent shall, no later than 20 days after receiving notice or before a relinquishment petition is filed with the court, whichever occurs later, either return a reply form to the licensed child placement agency or appear at the licensed child placement agency to declare an intent to contest the termination, and file a claim of paternity.
States that the other birth parent or possible birth parent who is served with notice and fails to reply as required waives the right to further notice of proceedings related to the anticipated expedited relinquishment and irrevocably waives the right to appear and contest the termination of his or her parental rights. Makes an exception if the other birth parent or possible birth parent proves, by clear and convincing evidence, that it was not possible to properly reply to the notice and that he or she replied within 20 days after it became possible to do so.
Requires a licensed child placement agency that provides notice of the anticipated expedited relinquishment on behalf of the relinquishing parent to file an affidavit of administrative notice and all available evidence supporting the affidavit with the court.
States that providing notice of the anticipated expedited relinquishment does not require a parent who plans to relinquish a child to file the anticipated expedited relinquishment.
APPROVED by Governor March 31, 2005
EFFECTIVE July 1, 2005
H.B. 05-1171 Court appointments - parenting coordinator - decision-maker. Authorizes the court to appoint a parenting coordinator as a neutral third party to assist in the resolution of disputes between the parties concerning parental responsibilities, including but not limited to the implementation of the court-ordered parenting plan. Requires the court to make certain findings prior to appointing a parenting coordinator if there is not an agreement between the parties to appoint a parenting coordinator. Specifies the duties of a parenting coordinator. Prohibits the parenting coordinator from performing specified activities with respect to the case. Requires a court order appointing a parenting coordinator to be for a specified term of 2 years or less. Authorizes extension, modification, or termination of the appointment upon agreement of the parties. Requires the court order appointing a parenting coordinator to include apportionment of the responsibility for payment of all of the parenting coordinator's fees between the parties. Restricts a parenting coordinator from testifying in a judicial, administrative, or other proceeding between the parties to the action. Requires a parenting coordinator to comply with any applicable provisions set forth in chief justice directives and any other practice or ethical standards established by rule, statute, or licensing board that regulates the decision-maker.
Upon written consent of both parties to a domestic relations proceeding, authorizes the court to appoint a qualified domestic relations decision-maker and to give the decision-maker binding authority to resolve disputes between the parties concerning the parties' minor or dependent children. Grants to a decision-maker the authority to make binding determinations to implement or clarify the provisions of an existing court order in a manner that is consistent with the substantive intent of the court order. States that a decision-maker may be the same person as the parenting coordinator. Requires the decision-maker's procedures for making determinations to be in writing and approved by the parties prior to the time the decision-maker begins to resolve a dispute of the parties. Specifies that a decision is effective immediately upon issuance and that it continues in effect until vacated, corrected, or modified by the decision-maker or until an order is entered by a court pursuant to a de novo hearing by the court. Requires a court order appointing a decision-maker to be for a specified term of 2 years or less, unless the parties agree otherwise. Specifies that the court order appointing a decision-maker shall include apportionment of the responsibility for payment of all of the decision-maker's fees between the parties. Grants a decision-maker immunity from civil liability in specified circumstances. Specifies that a decision-maker shall not be competent to testify, and makes exceptions. Requires the decision-maker to to comply with any applicable provisions set forth in chief justice directives and any other practice or ethical standard established by rule, statute, or licensing board that regulates the decision-maker.
Modifies procedures concerning court review of a decision of an arbitrator appointed to resolve disputes between the parties concerning the parties' minor or dependent children.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
H.B. 05-1172 Court appointments - domestic relations - legal representative of the child - child and family investigator. On and after July 1, 2005, clarifies statutory provisions related to appointments in domestic relations cases involving the allocation of parental responsibilities to specify that the court may appoint the following: An attorney to serve as a legal representative of the child to represent the best interests of the child; a child and family investigator, formerly named a special advocate, to investigate, report, and make recommendations as directed by the court; or both a legal representative of a child and a child and family investigator, so long as the same person is not appointed to both positions.
Specifies the general assembly's intent that a person appointed as a legal representative of the child or as a child and family investigator receive quasi-judicial immunity for actions taken within the scope of the person's duties.
Clarifies that the attorney acting as legal representative of the child is required to ascertain and consider the wishes of the child, but that the legal representative is not required to adopt the child's wishes in his or her recommendation or advocacy for the child, unless the child's wishes serve the child's best interests. Specifies that legal representatives are required to comply with the Colorado rules of professional conduct and any other applicable provisions set forth in chief justice directives concerning the duties or responsibilities of best interest representation in legal matters affecting children.
Changes the title of "special advocate" to "child and family investigator" and clarifies that the child and family investigator may be an attorney, a mental health professional, or any other individual with appropriate training, qualifications, and an independent perspective acceptable to the court. Requires the child and family investigator to investigate, report, and make recommendations as specifically directed by the court in the appointment order, taking into consideration the relevant factors for determining the best interests of the child. Requires the child and family investigator to disclose the child's wishes to the court, but does not require the child and family investigator to adopt the child's wishes in making his or her recommendations to the court unless the child's wishes serve the child's best interests. Requires the child and family investigator to comply with any applicable provisions set forth in chief justice directives and any other practice or ethical standards established by rule, statute, or licensing board that regulates the child and family investigator.
States that certain provisions of the act take effect only if House Bill 05-1157 and House Bill 05-1171 are enacted and become law.
APPROVED by Governor June 2, 2005
EFFECTIVE July 1, 2005
NOTE: House Bill 05-1157 was signed by the governor on June 3, 2005, and House
Bill 05-1171 was signed by the governor on June 2, 2005.
H.B. 05-1173 Child placement - court procedures. Requires a request to the court that guardianship and legal custody of the child be placed in a grandparent, aunt, uncle, brother, or sister ("relative") of a child to be submitted no later than 20 days after a motion for termination of the parent-child legal relationship is filed. Requires the court to advise the parent or parents that a relative of the child may make such a request after the motion for termination of parent-child legal relationship is filed. Requires the motion for termination to include a statement giving notice of the requirement that a relative file a request for guardianship or legal custody of the child within 20 days of the filing of the motion for termination.
Specifies that the court shall hold a hearing on the petition for adoption, in any adoption other than a stepparent, custodial, or kinship adoption, no sooner than 6 months after the date that the child begins to live in the prospective adoptive parent's home, unless the court for good cause extends or shortens this time period.
Authorizes the court to order that an adoption hearing be opened to the public or to the child who is the subject of the adoption if the court finds that opening the hearing is in the best interests of the child and the court finds that the potential adoptive parents have consented to an open hearing.
APPROVED by Governor March 31, 2005
EFFECTIVE March 31, 2005
H.B. 05-1174 Out-of-home placement of children - relatives - temporary custody - affidavit and advisement - permanent placement - preference - considerations. On and after July 1, 2005, at each temporary custody hearing, requires the court to advise the parents that the child can be placed with a relative if, in the court's opinion, such placement is appropriate and in the child's best interests. Requires the state court administrator to prepare a form affidavit and advisement and requires the form to be available at each judicial district to each parent attending a temporary custody hearing. Specifies the advisements and requested information required to be included on the form affidavit and advisement.
Requires the court to order the parents to complete the form affidavit and advisement no later than 15 days after the date of the hearing or prior to the next hearing on the matter, whichever occurs first. Requires the court to advise each parent that failure to identify in a timely manner every relative who may be an appropriate relative placement for the child may result in the child being placed permanently outside of the home of the child's relatives. If the court orders the county department of social services ("county department") to contact appropriate identified relatives, requires the county department to give specified advisements to each appropriate identified relative.
Permits the court to authorize the county department with temporary custody of a child to place the child with a relative without the necessity for a hearing if a county department locates an appropriate, capable, and willing relative who is available to care for the child and the guardian ad litem of the child concurs that the placement is in the best interests of the child.
Specifies that, when granting guardianship of the person or legal custody of a child following an order of termination of the parent-child legal relationship, the court may, but is not required to, give preference to a grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child when such relative has made a timely request therefor and the court determines that the placement is in the best interests of the child.
Authorizes placement decisions following an order of termination of the parent-child legal relationship and at periodic reviews conducted by the court or the department of human services to include consideration of all pertinent information related to modifying the placement of the child prior to removing the child from his or her placement, and specifies the issues to which the court should give strong consideration.
APPROVED by Governor June 1, 2005
EFFECTIVE July 1, 2005
H.B. 05-1175 Emergency placement of children - authorized county department and local law enforcement agency collaboration - initial criminal history record checks - fingerprint verification. Authorizes a county department of social services ("county department") and local law enforcement agencies to collaborate to perform initial criminal history record checks followed by fingerprint verification for the emergency placement of children. If a county department elects to collaborate with local law enforcement agencies for the emergency placement of children using criminal history record checks, then any time a child is taken into temporary custody by a law enforcement officer and any time the court places temporary custody of a child with a county department and a relative or other available person is identified as a potential emergency placement for the child, requires the local law enforcement agency to conduct an initial name-based criminal history record check of the person prior to the county department or local law enforcement officer placing the child in the emergency placement. Authorizes the local law enforcement agency to provide the county department with a verbal response regarding the person's criminal history. Prohibits a child from being placed on an emergency basis with a person with a specified criminal history.
If the initial criminal history record check does not reveal a criminal history that would preclude the child from being placed with the person, authorizes the child to be placed with the person. Requires the person to report to a local law enforcement agency for the purpose of providing fingerprints to the local law enforcement agency no later than 72 hours after a child is placed in the person's home. If the person fails to report, authorizes the county department or the local law enforcement agency to remove the child immediately from the physical custody of the person if the removal is in the best interests of the child.
When the person reports to a local law enforcement agency, requires the local law enforcement agency to fingerprint the person and forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a state and federal fingerprint-based criminal history record check. If the fingerprint-based criminal history record check indicates that the person has a specified criminal history, requires the county department or the local law enforcement agency, whichever is appropriate, to immediately remove the child from the emergency placement.
Requires the board of human services to promulgate rules to implement requirements concerning the use of criminal history record information for emergency placement of children.
APPROVED by Governor May 27, 2005
EFFECTIVE May 27, 2005
H.B. 05-1200 Maintenance and child support - enforcement - district attorney's office. Repeals the requirement that a district attorney assist the court on behalf of a person who is entitled to receive maintenance or support. Repeals the independent authority of a district attorney to institute proceedings to enforce duties of maintenance and support. Authorizes a district attorney's office to be a contractual agent of a county department of social services to act as a delegate child support enforcement unit.
APPROVED by Governor May 12, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1270 Amber Alert - newborns. Clarifies that newborn infants are included in the definition of an abducted child in the amber alert program. Provides that the Colorado bureau of investigation need not have complete identification information to issue and amber alert for a newborn infant.
APPROVED by Governor May 27, 2005
EFFECTIVE May 27, 2005
H.B. 05-1280 Child fatality prevention - state and local review teams - creation. Authorizes each judicial district to establish a local child fatality prevention review team ("local review team"). Specifies that the district attorney of the judicial district shall call the first meeting of a local review team. Requires each local review team established to consist of specified representatives of public and nonpublic agencies in the judicial district that provide services to children and their families and of other individuals who represent the community. Authorizes local review teams to include representatives from additional entities or groups in the judicial district. Requires local review teams to review specified cases of death of children 18 years of age and younger in the judicial district and specifies the local review team's duties with respect to each case reviewed. Authorizes local review teams, within existing appropriations and community resources, to promote continuing education for professionals and to promote public education related to preventing child deaths.
Creates the Colorado state child fatality prevention review team ("state review team") in the department of public health and environment ("department"). On or before September 1, 2005, requires the governor to appoint the 17 voting members of the state review team. Requires the executive directors of the departments of human services, public health and environment, and public safety, and the commissioner of education to appoint 16 specific ex officio nonvoting members representing the departments. Authorizes the voting and nonvoting appointees to appoint an additional 12 nonvoting public and nonpublic agency and community members to the state review team by majority vote. Specifies the duties of the state review team. Subject to available appropriations and community resources, authorizes the state review team to distribute information to the public concerning risks to children and recommendations for promoting the safety and well-being of children.
Grants the state review team and the local review teams access to specified records and information, subject to the requirements of applicable federal law. States that meetings of the state review team and the local review teams are subject to open meetings requirements. Requires each member of the state review team, each member of a local review team, and each invited participant at a meeting to sign a statement indicating an understanding of confidentiality requirements. Specifies that a knowing violation of confidentiality requirements is a class 3 misdemeanor. Authorizes specified release of information by members of the state review team and the local review teams to governmental agencies. Specifies limitations for examining a member of the state review team, a local review team, or a person who presents information to a review team in any civil or criminal proceeding and limitations for subpoenaing, discovering, or introducing into evidence information, documents, and records of the state review team or a local review team.
Establishes the child fatality prevention cash fund and authorizes the division of prevention services in the department of public health and environment to receive contributions, grants, and donations from any public or private entity for any direct or indirect costs associated with the duties of the state review team.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
H.B. 05-1287 Adoption - access to original birth certificates - submission of contact information and medical history statements by birth parents - appropriation. Directs the state registrar of vital statistics ("state registrar") to prescribe and make available to a birth parent named on an original birth certificate a contact preference form regarding future contact by an adult adoptee or adult descendant of the adoptee. Specifies that the contact preference form shall provide the birth parent with options to indicate whether or not the birth parent would like to be contacted and whether the birth parent would prefer to be contacted through a confidential intermediary or by a child placement agency. Allows a birth parent to voluntarily supply current contact information on the contact preference form. Provides a birth parent the opportunity in the contact preference form to authorize the release of the original birth certificate to the adult adoptee or the adoptee's descendants.
Directs the state registrar to prescribe an updated medical history statement that may be filled out by a birth parent and submitted to the state registrar. Allows the birth parent to submit updated medical history statements in the future to the state registrar no more frequently than every 3 years, unless there is a significant change in medical history.
Directs the state registrar to maintain contact preference forms and updated medical history statements. Specifies how such information may be accessed by adult adoptees and other authorized persons. Directs that the medical history statement indicate that the birth parent is waiving confidentiality of any medical information supplied in the statement. Requires the state registrar to accept contact preference forms and updated medical history statements on or after January 1, 2006.
For adoptions finalized in this state prior to September 1, 1999, allows an adult adoptee, an adult descendant of an adoptee, a birth parent, or the legal representative of any such person to apply for a noncertified copy of the unaltered original birth certificate of the adoptee from the state registrar on or after January 1, 2007. Authorizes the state registrar to issue the original birth certificate to such persons if both birth parents have filed a contact preference form authorizing the release of the birth certificate. Directs the state registrar to issue the copy of the original birth certificate to the applicant with the name of the nonconsenting birth parent redacted, if only one birth parent has filed an authorization to release the original birth certificate.
Directs child placement agencies to make efforts to notify birth parents who executed a no-contact statement after relinquishing a child for adoption of the oppportunity to submit a contact preference form and updated medical history statement.
Changes the age of "adult adoptee" from 21 to 18 for purposes of obtaining access to adoption records or for making contact through the voluntary adoption registry to conform with the age at which an adoptee may initiate a confidential intermediary search.
Defines "adoption triad".
Directs that the executive directors of the department of human services and the department of public health and environment design and conduct a statewide and national public information campaign within existing appropriations on the changes in the law regarding adoption records. States that the campaign shall be conducted between July 1, 2005, and January 1, 2007. Directs that such public information campaign provide referral information on community resources that may assist adoptees, birth parents, and adoptive parents in dealing with issues that arise in searches and reunifications or decisions not to search.
Appropriates $8,657 and 0.2 FTE out of the vital statistics records cash fund to the department of public health and environment for the implementation of the act.
APPROVED by Governor June 2, 2005
EFFECTIVE July 1, 2005
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