Children And Domestic Matters - Digest of Bills

Digest of Bills - 2008

CHILDREN AND DOMESTIC MATTERS

S.B. 08-106 Parenting time - objection - parent convicted of crime out-of-state - assessment and evaluation. Permits a parent to file an objection to parenting time if the other parent has been convicted in another jurisdiction of certain crimes that may constitute a danger to the child. After the motion is filed, requires the court to order a sex-offense-specific evaluation and parental risk assessment if the parent is convicted in another jurisdiction and to consider the recommendations of the evaluation and assessment in making an order for parenting time or parent contact.

APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008

S.B. 08-183 Parentage - action to set aside parentage and child support orders - DNA evidence of nonparentage - docket fee. Allows for an order determining parentage to be modified or set aside by the individual named as the father in the order if DNA test results establish the exclusion of the father named in the order as the biological father of the child, and the court determines that it is just and proper under the circumstances and in the best interests of the child. Requires a person to file the motion to modify or set aside the parentage order within 2 years after the court enters the order. If the court modifies or sets aside a parentage order, requires the court to terminate child support obligations and permits the court to set aside or deem as satisfied all or part of child support arrearages.

Requires the petitioner to give notice to all other parties pursuant to the Colorado rules of civil procedure, and requires the court to hold a hearing before setting aside an order. Requires the petitioner to pay a docket fee of $70.

APPROVED by Governor May 29, 2008
EFFECTIVE August 15, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1006 Foster care - arrangements for sibling visits. Requires a county department of social services ("county department") to arrange for a visit between a child in foster care and his or her sibling within a reasonable amount of time if the child and his or her sibling express a mutual desire to visit with each other. Allows the county department to deny the request if it determines the visit would not be in the best interests of the child or his or her sibling. Requires the county department, in determining whether a requested visit would be in the best interests of one or both of the siblings, to ascertain whether there is pending in any jurisdiction a criminal action in which either of the siblings is a victim or a witness. If a criminal action is pending, requires the county department, before arranging any visit between the siblings, to consult with the district attorney for the jurisdiction in which the criminal action is pending to determine whether the requested visit may have a detrimental effect upon the prosecution of the pending criminal action. Allows the state board of human services to promulgate rules establishing procedures for arranging sibling visits.

APPROVED by Governor February 7, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1016 Juveniles with mental health issues - court ordered screening and assessment - admissibility of evidence obtained during screening or assessment - court ordered mental health services - implementation committee. In a juvenile delinquency proceeding, requires the court, prosecution, probation officer, guardian ad litem, parent, or legal guardian who believes that the juvenile could benefit from mental health services to advise the court of the issue. Directs the court to order a mental health screening when the issue is raised, unless the court has sufficient information to determine the juvenile's need for mental health services.

If the mental health screening indicates the juvenile could benefit from mental health services, allows the court to order a mental health assessment. Permits the court to require a party with legal custody of the juvenile to pay for the assessment. Requires the assessment to include an opinion as to whether the juvenile would benefit from mental health services. If the assessment includes such an opinion, requires the assessment to identify the juvenile's mental health issues and appropriate services and treatment. Prohibits the admissibility of evidence obtained as a result of a mental health screening or assessment unless the juvenile places his or her mental health at issue.

Permits the court to order mental health treatment or services as a part of the court's disposition if a mental health screening or assessment finds or the court determines the juvenile could benefit from mental health services.

Permits the chief judge of each judicial district and the presiding judge of the Denver juvenile court to appoint a committee to develop a plan to implement the act. Requires the committee to submit its plan to the judicial department by July 1, 2009, and requires each judicial district to implement its plan by July 1, 2010. Permits the chief judge or presiding judge to order implementation prior to July 1, 2010.

APPROVED by Governor April 10, 2008
EFFECTIVE July 1, 2008

H.B. 08-1018 Court-appointed special advocates. Allows nonadjacent judicial districts to jointly establish a volunteer court-appointed special advocate program.

APPROVED by Governor March 13, 2008
EFFECTIVE March 13, 2008

H.B. 08-1117 Restorative justice - inclusion in juvenile diversion programs - court advisement of restorative justice sentencing options - sentencing option - probation option. Defines "restorative justice" as practices that emphasize repairing the harm to the victim and the community resulting from criminal acts. Directs the juvenile diversion program to integrate restorative justice practices into the program when possible. Requires the court to advise a juvenile of restorative justice sentencing at the juvenile's first court appearance and when pleading guilty. Makes restorative justice a sentencing alternative for the court unless the juvenile committed an unlawful sexual behavior offense or an offense that included an underlying factual basis of domestic violence. Provides the court the option of ordering an evaluation to determine whether restorative justice should be a part of a sentence to probation unless the juvenile committed an unlawful sexual behavior offense or an offense that included an underlying factual basis of domestic violence.

APPROVED by Governor March 31, 2008
EFFECTIVE March 31, 2008

H.B. 08-1156 Juvenile parole - appropriation. Eliminates reference to the division of juvenile parole in the department of human services. Authorizes the division of youth corrections in the department of human services to manage all juvenile parole services. Structures the provision of juvenile parole services to align with the practices of the division of youth corrections.

Requires the use of an objective risk assessment by the division of youth corrections and the juvenile parole board ("board") to identify treatment and parole services. Permits the board to consider additional committing crimes that may merit a juvenile receiving extended parole services. Requires the board to provide victim coordination services, including victim notification.

Clarifies the juvenile court's and board's authorization to discharge juvenile parole.

Converts the local elected official member on the board to a public-at-large member. Clarifies that board members can seek a prorated per diem for a half-day of service.

Clarifies that the division of youth corrections shall not retain jurisdiction over a juvenile who attains 21 years of age. Clarifies that the sentence to commitment and period of parole is discharged when a juvenile attains 21 years of age.

Codifies the board's time computation practices for computing the period of parole or extended parole for juveniles.

Clarifies who has custody of a juvenile who is under the age of 18 years and who has completed his or her period of commitment and is transitioning onto parole supervision.

Appropriates $55,997 from the state victims assistance and law enforcement fund to the juvenile parole board.

APPROVED by Governor May 22, 2008
EFFECTIVE May 22, 2008

H.B. 08-1176 Custody and parenting time - modification based upon military deployment - interim orders. Requires that any court orders modifying the allocation of parental responsibilities or parenting time based upon a service member parent's active duty deployment be interim orders. Upon the service member parent's return to Colorado, requires that the allocation of parental responsibilities and parenting time revert back to the orders that existed at the time of the service member parent's active duty deployment.

APPROVED by Governor April 7, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1337 Colorado children's trust fund - powers of the board - audit requirement. Repeals the requirement that the Colorado children's trust fund board contract for an independent annual audit.

APPROVED by Governor April 25, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1342 Child support - paternity case - records - adding children - appropriation. Provides for the confidential collection of social security numbers for all parties and children with respect to orders involving child support.

Allows a child who is conceived of parents named in an existing paternity or child support case to be added to the existing case. Establishes procedures for adding the child.

Provides that determination of an obligor's potential income for child support purposes shall not be made for an incarcerated parent sentenced to one or more years.

Authorizes the state to redirect the state's share of public assistance monies recovered to the counties.

Appropriates $2,500,000 from the general fund to the department of human services, country administration division, for country incentive payments for implementation of this act. Decreases the appropriation to the department of human services, office of self sufficiency, Colorado works program, for county block grants from the state's share of retained child support collections and fraud refunds by $2,500,000.

APPROVED by Governor May 27, 2008
PORTIONS EFFECTIVE May 27, 2008
PORTIONS EFFECTIVE July 1, 2008
PORTIONS EFFECTIVE January 1, 2009

H.B. 08-1391 Child abuse and neglect - mental health services - pilot program - rules - appropriation. Creates the child welfare and mental health services pilot program ("program") in the department of human services ("department") to provide mental health screenings, evaluations, and services for any child from 4 through 10 years of age who has been the subject of a substantiated case of abuse or neglect. Requires the department to develop and establish the program and to promulgate rules for the program. Outlines the criteria for receiving services through the program. Lists the mental health services that shall be available through the program. Requires the department to evaluate the program based on established criteria and to submit a report to the general assembly concerning the outcomes of the program. Repeals the program, effective July 1, 2012.

Appropriates $2,100,169 from the general fund to the department of human services for implementation of the act.

APPROVED by Governor May 14, 2008
EFFECTIVE May 14, 2008