May 24, 2013

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Uniform Premarital and Marital Agreements Act and Other Bills Signed by Governor

May 23, 2013 by Leave a Comment

Governor John Hickenlooper has signed over 260 bills into law this legislative session. Most recently, he signed the Uniform Premarital and Marital Agreements Act, a bill regarding expunging juvenile delinquency records, a bill to promote conservation related to water use determinations, and several other bills.

The governor signed 12 bills on Friday, May 17, 2013, and Saturday, May 18, 2013. Four of the bills signed on the 17th and 18th are summarized here.

Governor Hickenlooper also signed one bill on May 22, 2013. This bill was SB 13-213 - Concerning the Financing of Public Schools and Creating the “Public School Finance Act,” by Sens. Mike Johnston and Rollie Heath and Rep. Millie Hamner. The bill is contingent on the passage of an as-yet unspecified statewide ballot measure increasing state revenue for K-12 education. It changes the way that students are counted for school funding, and also changes the formula for which districts receive funding. It also allows new funding per pupil, which amount will change depending on the revenue generated by the ballot measure. The bill provides supplemental funding to at-risk and charter schools. The funding laid out in the bill would require about $1.12 billion in state tax revenue from the ballot measure.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

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Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

May 17, 2013 by Leave a Comment

Governor Hickenlooper continues to sign legislation as it crosses his desk. To date, he has signed an impressive 240 pieces of legislation into law. He is expected to sign more bills in the coming days and weeks.

On Tuesday, May 14, 2013, Governor Hickenlooper signed five bills. They are summarized here.

Governor Hickenlooper also signed 12 bills on Wednesday, May 15, and Thursday, May 16, 2013. Five of the bills are summarized here.

It’s not over yet—stay tuned for the latest legislative decisions by Governor Hickenlooper. For a complete list of the bills that have been signed this legislative session, click here.

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Probate Omnibus Bill, Employee Privacy, HOA Bills Signed by Governor Hickenlooper

May 14, 2013 by Leave a Comment

Although the Colorado General Assembly adjourned sine die on May 8, 2013, bills continue to be signed into law by Governor Hickenlooper. To date, the governor has signed 231 bills. Some of the most recently signed bills are summarized below.

On Thursday, May 7, Governor Hickenlooper signed one bill — HB 13-1117 - Concerning Alignment of Child Development Programs, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Millie Hamner and Sens. Mary Hodge and Andy Kerr. The bill consolidates several child development programs in the Department of Human Services and extends  the Early Childhood Leadership Council, which was set to sunset on July 1, 2013.

Governor Hickenlooper signed 18 bills into law on Friday, May 10, 2013. Six of them are summarized here.

On Saturday, May 11, 2013, the governor signed 19 bills into law. Five of them are summarized here.

Finally, on Monday, May 13, 2013, Governor Hickenlooper signed 11 bills into law. Four of them are summarized here.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

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The Impact of Colorado’s Civil Unions Act on Estate Planning

May 9, 2013 by Leave a Comment

EmilyBloedelBy Emily L. Bloedel

In the past twenty years, Colorado has gone from being dubbed the “hate state” for its discrimination against same-sex individuals (See Romer v. Evans, 517 U.S. 620 (1996)) to allowing civil unions. Beginning at midnight on May 1, 2013, same-sex couples will be able to enter into civil unions. A number of legal benefits, protections, and responsibilities that are granted to spouses under the law apply to parties to a civil union.

These changes include: the ability to inherit real or personal property from a party in a civil union under the probate code; priority for appointment as a conservator, guardian, or personal representative; survivor benefits; the ability to file a complaint about the care or treatment of a party in a civil union in a nursing home; rights related to declarations concerning the administration, withholding, or withdrawing of medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or directives concerning medical orders for scope of treatment forms with respect to a party to a civil union; rights concerning the disposition of last remains of a party to a civil union; and the right to make decisions regarding anatomical gifts (C.R.S. 14-15-101 et seq).

The impact that the new Act will have on estate planning is not yet clear. The previous norm in Colorado for same-sex couples, designated beneficiary agreements, may no longer be necessary for an individual in a same-sex relationship to dispose of his or her property as desired and allow for his or her partner to make important medical decisions. The Act makes it clear that, for the most part, a “party to a civil union has the benefits, protections, and responsibilities under law as are granted to spouses” (C.R.S. 14-15-106 (1)).

The legislature has made it clear that for estate planning purposes, if a partner in a valid civil union dies intestate, his or her partner can now inherit via the intestacy statute. Although the full extent of the benefits to same-sex couples remains to be seen, the best way for any partner to a civil union to ensure the desired disposition of his or her property, or that the proper person handles decision-making when the partner is no longer able, remains, like any marriage, in informing loved ones of his or her wishes and creating valid estate planning documents.

Emily Bloedel joined Felser, P.C. in October 2012 as an associate attorney and can be reached on LinkedIn. She received her bachelor’s degree in Japanese Language and Literature from the University of Colorado and graduated from the University of Denver Sturm College of Law in 2012. She is licensed in Colorado. While in law school, Emily was a traveling oralist on the Willem C. Vis International Commercial Arbitration moot team and served on the board of editors of the Denver Journal of International Law and Policy. She also mediated small claims and FED cases through the Mediation-Arbitration Clinic. She enjoys playing the koto (a traditional Japanese instrument), reading, and traveling. She is a contributor to the DBA Young Lawyers blog, where this post originally appeared.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

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e-Legislative Report, 5/6/13

May 7, 2013 by Leave a Comment

CBA Director of Legislative Relations Michael Valdez issued his weekly e-Legislative Report on May 6, 2013. In this edition, he gives a day-by-day report of what happened at the legislature during the week of April 29. He also summarizes a few more late bills of interest, and notes that the CBA Legislative Policy Committee did not meet on May 3.

At the Capitol

Boxscores

Monday, April 29

  • The House adopted the conference committee report for HB 13-1058. Concerning guidelines for the determination of spousal maintenance (advisory guideline formula to determine spousal maintenance). The adoption of the conference committee report signals the end of the legislative journey for the bill; the bill now heads to Gov. John Hickenlooper for action. The final Senate version of the bill is what the Governor will see when the bill gets to his desk.
  • The House adopted the conference committee report for HB 13-1204. Concerning the “Uniform Premarital and Marital Agreements Act.” The conference committee report made a conforming amendment to the act to address changes made in SB 13-11. Civil Unions.
  • The House adopted the conference committee report for HB 13-1200. Concerning the “Uniform Deployed Parents Custody and Visitation Act.” The conference committee report adopted several important amendments suggested by the Family Law Section.
  • The House adopted HB 13-1317. Concerning the recommendations made in the public process for the purpose of implementing retail marijuana legalized by section 16 of article XVIII of the Colorado constitution, and in connection therewith, making an appropriation on 3rd Reading by a vote of 35 yes, 29, no, and 1 excused.
  • The Senate approved 13-1246. Concerning modifications in connection with current property tax exemptions for nonprofit organizations on 3rd and final reading by a vote of 35–0.
  • The Senate approved 13-255. Concerning child fatality review teams, and, in connection therewith, increasing the capacity and resources, clarifying the responsibilities and processes of state and local child fatality review teams in the departments of public health and environment and human services, and making an appropriation on a 22–13 vote.

Tuesday, April 30

  • The Senate adopted HB 1163. Concerning payment for medical costs associated with obtaining a medical forensic examination for victims of sexual offenses, and, in connection therewith, making an appropriation on 3rd Reading on a 35–0 vote.
  • The Senate approved HB 12-1276. Concerning limitations on the actions a unit owners’ association under the “Colorado Common Interest Ownership Act” may take against a unit owner with respect to the collection of debt owed to the unit owners’ association by a 35–0 vote.
  • The Senate passed 13-1142. Concerning reforms to the “Urban and Rural Enterprise Zone Act,” and, in connection therewith, making an appropriation on a vote of 21–14.
  • The Senate adopted HB 13-1156. Concerning creation of an adult diversion program, and, in connection therewith, making an appropriation on a 35–0 vote.
  • The Senate gave final approval to HB 13-1138. Concerning benefit corporations, and, in connection therewith, making an appropriation on a party line vote 20–15. The bill was sent back to the House for consideration of the Senate amendments.
  • The Senate adopted HB 13-1134. Concerning unit owners’ associations under the “Colorado Common Interest Ownership Act” on a party line vote of 20–15.
  • The Senate unanimously approved SB 13-271. Concerning funding for the address confidentiality program on 3rd and final reading.
  • With a smidgen of bipartisan support, the Senate gave final approval of HB 13-1266. Concerning the alignment of state health insurance laws with the requirements of the federal “Patient Protection and Affordable Care Act” on a vote of 21–14.
  • The Senate adopted on 3rd and final Reading HB 13-1082. Concerning juvenile delinquency records on a 35–0 vote.
  • The House gave final approval of SB 13-252. Concerning measures to increase Colorado’s renewable energy standard so as to encourage the deployment of methane capture technologies on a vote of 37 yes, 27 no, and 1 excused.
  • The House adopted HB 13-1318. Concerning the recommendations made in the public process for the purpose of implementing certain state taxes on retail marijuana legalized by section 16 of article XVIII of the Colorado constitution, and, in connection therewith, making an appropriation on a vote of 37 yes, 27 no, and 1 excused.
  • The House approved HB 13-1306. Concerning creating a task force to consider persons who pose a threat of harm to themselves or others on 3rd and final reading; the vote: 35 yes, 29 no, and 1 excused.

Wednesday, May 1

  • The House adopted—34 yes, 28 no, and one excused—HB 13-1316. Concerning the Colorado oil and gas conservation commission’s adoption of uniform statewide groundwater sampling rules, and, in connection therewith, making an appropriation.
  • The House approved SB 13-47. Concerning protections for youth in foster care against identity theft, and, in connection therewith, making an appropriation on a vote of 63 yes, 1 no, and one excused.
  • The House approved 13-246. Concerning creation of a task force to study discovery costs in criminal case by a vote of 64 yes, 1 no, and 1 excused.
  • The House adopted HB 13-111. Concerning abuse of at-risk adults, and, in connection therewith, making an appropriation by a vote of 56 yes, 8 no, and 1 absent.
  • The House voted to concur with the amendments added by the Senate to HB 13-1138. Concerning benefit corporations, and, in connection therewith, making an appropriation. The Senate amendments to the bill represent a significant compromise on the bill. The motion to concur with Senate amendments was passed on a vote of 37 yes, 27 no, and 1 excused.
  • The House voted to concur with the amendments added by the Senate to HB 13-1276. Concerning limitations on the actions a unit owners’ association under the “Colorado Common Interest Ownership Act” may take against a unit owner with respect to the collection of debt owed to the unit owners’ association; the vote: 47 yes, 17 no, and 1 excused.
  • The House voted to concur with the amendments added by the Senate to HB 13-1156. Concerning creation of an adult diversion program, and, in connection therewith, making an appropriation on a vote of 61 yes, 3 no, and 1 excused.
  • The Senate gave its final approval to 13-250. Concerning changes to sentencing of persons convicted of drug crimes, and, in connection therewith, making an appropriation. The final vote was 34–1.
  • The Senate gave final approval to SB 13-244. Concerning a task force to study substance abuse. The final vote was 34–1.

Thursday, May 2

  • The Senate adopted HB 13-1230. Concerning compensation for persons who are exonerated of their crimes after a period of incarceration, and, in connection therewith, making an appropriation on a vote 32 yes, 0 no, and 3 excused.
  • The Senate gave final approval to HB 13-1240. Concerning penalties for persistent drunk drivers, and, in connection therewith, making an appropriation on a vote 32 yes, 0 no, and 3 excused.
  • Adopted on a vote of 33 yes, 1, no, and 1 excused, the Senate gave final support for HB 13-1160. Concerning criminal theft, and, in connection therewith, reducing an appropriation.
  • The Senate gave final approval of SB 13-283. Concerning implementation of amendment 64, and, in connection therewith, making and reducing an appropriation. The vote was 32 yes, 2, no, and 1 excused.
  • The Senate voted to concur with the House amendments to SB 13-111. Concerning abuse of at-risk adults, and, in connection therewith, making an appropriation (Mandatory reporting of elder abuse). The vote to concur was 24 yes, 10 no, and 1 excused.
  • The Senate voted to concur with the House amendments to SB 13-147. Concerning protections for youth in foster care against identity theft, and, in connection therewith, making an appropriation. The vote to concur was 34 yes, 0 no, and 1 excused.

Friday, May 3

  • The House gave final approval to SB 13-262. Concerning the exemption of representative services of enrolled agents from the definition of debt management services. The vote was unanimous—65-0.
  • On 3rd and final reading, the House adopted HB 13-1323. Concerning requiring the department of corrections to obtain clarification if a court-issued mittimus omits instruction concerning whether a defendant’s sentences are to be served consecutively or concurrently on a vote of 65–0.
  • The Senate gave final approval to HB 13-1284, Concerning documents that can be filed regarding security interests under the “Uniform Commercial Code.”

The full e-Legislative Report, including summaries of late bills of interest, can be found here.

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CJD 98-03, Regarding Judicial Solemnization of Weddings, Amended for Inclusion of Civil Union Language

April 22, 2013 by Leave a Comment

Hon. Michael Bender, Chief Justice of the Colorado Supreme Court, issued an update to CJD 98-03 in April. The updated Chief Justice Directive is effective May 1, 2013.

The Chief Justice Directive discusses payment for solemnization of marriages that are performed outside of business hours, and also emphasizes that members of the judiciary may not be compensated for services performed during normal business hours. It was amended to include language regarding certification of civil unions, and the amendment is effective May 1, 2013.

For the full text of the Chief Justice Directive, click here. For all Chief Justice Directives, click here.

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Governor Hickenlooper Signs Bills Regarding Water Law, Medical Marijuana, Unemployment Insurance, and More

April 19, 2013 by Leave a Comment

Governor Hickenlooper continues to sign bills as they reach his desk. To date, he has signed 137 bills into law.

On April 4, 2013, the governor signed 19 bills. Five of them are summarized here.

  • SB 13-074 - Concerning the Resolution of Ambiguities in Old Water Right Decrees Regarding the Place of Use of Irrigation Water, by Sen. Mary Hodge and Rep. Jerry Sonnenberg. The bill creates a mechanism to determine the maximum number of acres that may be irrigated under a pre-1937 determination of water rights.
  • HB 13-1054 - Concerning Lessening the Reduction of Unemployment Insurance Benefits Required when a Claimant Withdraws Amounts from a Retirement Plan as a Result of Unemployment, by Reps. Jovan Melton and Tony Exum and Sen. Lois Tochtrop. The bill changes the way unemployment benefits are affected by the withdrawal of funds from employer-sponsored retirement accounts.
  • HB 13-1061 - Concerning Standards for Responsible Medical Marijuana Vendors, by Rep. Dominick Moreno and Sen. Irene Aguilar. The bill creates the Responsible Medical Marijuana Vendor Server and Seller Designation for licensed medical marijuana businesses and establishes procedures for receiving the designation.
  • HB 13-1124  - Concerning the Reduction of Improper Unemployment Insurance Benefit Payments Through Compliance with the Federal “Trade Adjustment Assistance Extension act of 2011″ and Making an Appropriation, by Reps. Dan Pabon and Amy Stephens and Sen. Cheri Jahn. The bill conforms Colorado unemployment insurance law with federal law.
  • HB 13-1157 - Concerning Adoption of the 2012 “Uniform Commercial Code” Article 4.5 Amendments, by Rep. Frank McNulty and Sen. Angela Giron. The bill clarifies provisions of the Uniform Commercial Code regarding remittance transfers.

The governor signed 12 bills on April 8, 2013. Four of them are summarized here.

  • SB 13-030 - Concerning an Additional Review of Rules Promulgated Pursuant to the “State Administrative Procedure Act” by Committees of Reference of the General Assembly, by Sen. Mark Scheffel and Rep. Dan Nordberg. The bill creates additional notice for the public and the General Assembly for rules adopted as a result of legislation.
  • SB 13-041 - Concerning the Protection of Stored Water and Preserving Supplies for Drought and Long-Term Needs, by Sens. Mary Hodge and Ellen Roberts and Reps. Randy Fischer and Jerry Sonnenberg. The bill, enacted because of the Colorado Supreme Court ruling in Upper Yampa Water Conservatory District v. Wolfe, expands the term “beneficial use” and clarifies rules regarding water storage rights.
  • SB 13-116 - Concerning the Authority of Forensic Psychologists to Conduct Mental Health Evaluations under Article 8 of Title 16, Colorado Revised Statutes, by Sen. Jessie Ulibarri and Rep. Pete Lee. The bill authorizes licenses forensic psychologists to conduct mental health evaluations for criminal defendants if so ordered by the court.
  • HB 13-1202 - Concerning Counseling by Medicaid Providers Relating to Medical Orders for Scope of Treatment, by Reps. Cheri Gerou and Mark Ferrandino and Sen. John Kefalas. The bill allows reimbursement for Medicaid providers who offer counseling regarding medical orders for scope of treatment.

Finally, on April 18, 2013, Governor Hickenlooper signed four bills into law. They are summarized here.

  • HB 13-1060 - Concerning Raising the Maximum Fine that may be Assessed by a Municipal Court, by Rep. Mike McLachlan and Sen. Linda Newell. The bill raises the maximum fine that may be assessed by a municipal court and allows for adjustments for inflation.
  • HB 13-1147 - Concerning Voter Registration Facilitated by State Institutions of Higher Education, by Rep. Jovan Melton and Sen. Linda Newell. The bill requires state institutions of higher education to provide a link to voter registration for students who are registering online for classes, and to provide information about voter registration if the institution does not use online registration.
  • HB 13-1179 - Concerning Deadlines for State Agencies to Submit Documents Related to Appropriations to the Joint Budget Committee, by Rep. Claire Levy and Sen. Pat Steadman. The bill requires state agencies to submit budget requests by certain deadlines.
  • HB 13-1243 - Concerning Factual Findings Included in Parenting Time Orders, by Rep. Dave Young and Sen. Jessie Ulibarri. The bill requires courts to submit specific facts to support endangerment of child in orders that restrict parenting time.

For a complete list of the governor’s 2013 legislative decisions, click here.

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SB 13-255: Increasing Resources for Child Fatality Review Teams and Clarifying Their Responsibilities

April 19, 2013 by Leave a Comment

On Tuesday, April 9, 2013, Sen. John Kefalas introduced SB 13-255 – Concerning Child Fatality Review Teams, and, in Connection Therewith, Increasing the Capacity and Resources and Clarifying the Responsibilities and Processes of State and Local Child Fatality Review Teams in the Departments of Public Health and Environment and Human Services. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires county or district public health agencies to establish or arrange to be established local or regional child fatality prevention review teams operating under the purview of the department of public health and environment (local or regional review team). County or district public health agencies may collaborate to form a regional child fatality prevention review team.

The bill revises and updates language in the legislative declaration for the Colorado department of public health and environment (CDPHE) child fatality review teams.

The bill adds a definition of a “local or regional review team.”

The bill details the responsibility of local or regional review teams. The local or regional review teams are required to report case review findings to public and private agencies that have responsibilities for children and make prevention recommendations. The local and regional review teams shall also enter data into the web-based data-collection system utilized by CDPHE.

The bill amends the membership of CDPHE’s state-level child fatality prevention review team (CDPHE state review team) to include a member from the office of Colorado’s child protection ombudsman and to make numerous currently nonvoting positions into voting positions.

The bill tasks the CDPHE state review team with the following duties:

  • To conduct an individual case-specific review of every child abuse or neglect fatality in Colorado, if a local or regional review team has not conducted such a review;
  • To conduct a review of systemic child welfare issues;
  • To utilize a child fatalities data-collection system;
  • To collaborate with the Colorado department of human services child fatality review team (CDHS review team) to make joint recommendations for the prevention of child abuse and neglect fatalities;
  • To work directly with professionals who have information regarding the cause or circumstances leading to a child’s fatality;
  • To administer moneys to county and district public health agencies to support local and regional review teams;
  • To provide training and technical assistance to local and regional review teams regarding the facilitation of a child fatality review process, data collection, evidence-based prevention strategies, and the development of prevention recommendations, as well as strategies for convening a local or regional review team, establishing methods of notification after a child fatality, and strategies to address conflicts of interest; and
  • To provide an annual data report to local and regional review teams.

The bill deals with the time frame in which the CDHS review team is required to conduct a review. Currently, the CDHS review team is required to conduct an in-depth case review after an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality that involves a suspicion of abuse or neglect (incident) when the child or family has had previous involvement with the state or county within the previous two years. The bill changes that time frame to three years.

The CDHS review team is given the additional duty to make annual policy recommendations that address systems involved with children and to follow up on specific system recommendations. The CDHS review team is required to make annual reports to both the public and the legislature concerning such recommendations.

Current law also requires the CDHS review team to complete a draft, confidential, case-specific review report and submit the draft to any county department of social services with previous involvement with the child or family related to the incident within 30 days. That 30-day period is extended to 55 days.

Language is added to ensure that any information released to the public by the CDHS review team is not contrary to the best interests of the child who is the subject of the report, or his or her siblings, is in the public’s interest, and is consistent with the federal “Child Abuse Prevention and Treatment Reauthorization Act of 2010.”

The bill was introduced on April 9 and is assigned to the Health & Human Services Committee. The bill is scheduled for committee review on April 17.

Since this summary, the bill was amended in the Health & Human Services Committee and referred to the Appropriations Committee for further review.

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HB 13-1259: Making Several Amendments to Procedures for Civil Actions Involving Parental Rights and Responsibilities in Cases Involving Abuse and Neglect

April 11, 2013 by Leave a Comment

On March 11, 2013, Rep. Beth McCann and Sen. Linda Newell introduced HB 13-1259 - Concerning Civil Actions, and, in Connection Therewith, Procedures for Allocating Parental Rights and Responsibilities in the Best Interests of the Child in Cases Involving Child Abuse and Neglect and Domestic Violence; Provisions Relating to Parenting Time Orders; Provisions Relating to Parenting Time Evaluations and Reports; and Amending and Relocating Provisions Relating to Civil Protection Orders. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes amendments to various provisions of law relating to civil actions and orders.

The bill amends provisions of article 10 of title 14, Colorado Revised Statutes (C.R.S.), as follows:

  • Includes additional rights of children with respect to the determination of parenting time in section 14-10-123.4, C.R.S.;
  • In the determination of the best interests of a child with respect to the allocation of parental rights and responsibilities pursuant to section 14-10-124, C.R.S.:
    • Requires a court to follow certain procedures in actions where a claim of child abuse or neglect or domestic violence has been made to the court or when the court has reason to believe that a party has committed child abuse or neglect or domestic violence;
    • In contested hearings on final orders, requires the court to make findings on the record concerning the factors the court considered and the reasons for the allocation of rights and responsibilities;
    • Permits the court to allocate mutual decision-making for a child in a case that involves domestic violence, over objections, if the court makes certain findings;
    • Requires the court to consider the current statutory factors concerning the best interests of the child in light of any finding of child abuse or neglect or domestic violence;
    • Includes certain factors that the court may consider when formulating or approving a parenting plan in cases where one of the parties has committed child abuse or neglect or domestic violence;
    • Permits the court to order a domestic violence evaluation and subsequent evaluations and to require a party to participate in domestic violence treatment; and
    • Includes general procedures that may be included in parenting plans;
  • Provides that a court is not required to order a parenting time evaluation pursuant to section 14-10-127, C.R.S., and includes a list of factors that the court shall consider in determining whether to order an evaluation; and
  • In section 14-10-129, C.R.S., expands language relating to domestic violence and increases the time within which the court must hear and rule on an emergency motion to restrict parenting time from 7 days to 14 days.

The bill amends, repeals, and relocates the provisions of part 1 of article 14 of title 13 relating to civil protection orders, as follows:

  • Moves the legislative declaration currently contained in section 13-14-102 (1), C.R.S., to a new section and adds additional language to the legislative declaration;
  • Amends section 13-14-101, C.R.S., containing definitions for article 14 to include a new definition for “contact” and “sexual assault or abuse,” and amends existing definitions for “domestic abuse,” “protection order,” and “stalking”;
  • Repeals section 14-13-102, C.R.S., and relocates provisions of that section, with amendments, to other sections in article 14;
  • Adds additional behaviors to the list of behaviors for which a court may enter an emergency protection order;
  • Repeals section 13-14-104, C.R.S., relating to foreign protection orders and relocates those provisions, with amendments, to the new section 13-14-110, C.R.S.;
  • Creates a new section 13-14-104.5, C.R.S., that includes provisions relating to temporary civil protection orders that are relocated from 13-14-102, C.R.S., with amendments, that:
    • Adds to the list of behaviors for which a temporary civil protection order may be entered;
    • Clarifies that a petitioner is not required to show that: he or she has reported the act that is the subject of the complaint to law enforcement, that charges have been filed, or that he or she is participating in the prosecution of the criminal matter; and
    • An order awarding temporary care and control of the child may be extended for not more than one year;
  • Creates a new section 13-14-105, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, and adding additional provisions that a court may include as part of a civil protection order;
  • Creates a new section 13-14-106, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to procedures for permanent civil protection orders and clarifies that the court need not find that the petitioner is in imminent danger in order to grant a permanent civil protection order; and that the court may continue a temporary civil protection order and the show cause hearing for one year for good cause;
  • Creates a new section 13-14-107, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to enforcement of protection orders and duties of peace officers;
  • Creates a new section 13-14-108, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to the modification and termination of civil protection orders that:
    • Allows a restrained party to file for modification or dismissal of a permanent civil protection order 2 years after the order was entered or after the disposition of a prior motion; and
    • Permits the court to consider whether the protection order has been successful in preventing harm to the protected person as grounds to deny the modification or dismissal of a permanent civil protection order;
  • Creates a new section 13-14-109, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to civil protection orders fees and costs; and
  • Creates a new section 13-14-110, C.R.S., that contains provisions that are relocated from section 13-14-104, C.R.S., with amendments, relating to foreign protection orders.

At the request of the Family Law Section, the CBA Legislative Policy has voted to oppose the bill in its current form. On April 4, the Public Health Care & Human Services Committee amended the bill and sent it to the Appropriations Committee for consideration of the fiscal impact.

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Colorado Judicial Ethics Advisory Board Opinions 2013-01 and 2013-02 Released

April 8, 2013 by Leave a Comment

The Colorado Judicial Ethics Advisory Board released two new opinions in late March 2013. The Colorado Judicial Ethics Advisory Board (C.J.E.A.B.) is a supreme court committee comprised of judges and non-judges who offer practical advice on ethical issues to members of the judiciary. There are seven members of the C.J.E.A.B. Four are judges, one is a non-lawyer citizen, one an attorney, and one a law professor with an interest in ethics.

C.J.E.A.B. Opinion 2013-01 addresses the issue of whether a judge can sit on the board of directors for the Colorado Organization for Victim Assistance. The decision confirms that the judge may sit on that board, provided he or she is able to ensure that the board activities do not impair his or her impartiality, and that doing so would not lead to frequent disqualification.

C.J.E.A.B. Opinion 2013-02 discusses whether, as part of their administrative duties, judges may ethically select attorneys who are eligible for appointment as counsel for respondent parents in dependency and neglect proceedings. They may select such attorneys, and may also monitor their performance, provided that they maintain impartiality in exercising those decisions and the decisions are based on merit.

For more information about the Colorado Judicial Ethics Advisory Board, and for all of the C.J.E.A.B. opinions, click here.

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SB 13-227: Providing for Termination of Parental Rights of a Perpetrator of Sexual Assault Where a Child was Conceived as a Result of the Assault

April 8, 2013 by Leave a Comment

On Thursday, March 21, 2013, Sen. Morgan Carroll introduced SB 13-227 – Concerning Methods to Protect the Victim of a Sexual Assault in Cases Where a Child was Conceived as a Result of the Sexual Assault. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

If a child was conceived as a result of an act that led to the parent’s conviction for sexual assault or a conviction in which the underlying factual basis was sexual assault, the parent who is the victim of the sexual assault (victim) may file a petition in juvenile court to prevent future contact with the parent who committed the sexual assault and to terminate the parent-child legal relationship of that parent. The court shall terminate the parent-child legal relationship if the court finds by clear and convincing evidence that:

  • The parent was convicted of an act of sexual assault against the victim or convicted of a crime in which the underlying factual basis was sexual assault against the victim;
  • The child was conceived as a result of that sexual assault or crime; and
  • Termination of the parent-child legal relationship is in the best interests of the child.

The bill creates a rebuttable presumption that terminating the parental rights of the parent who committed the act of sexual assault or crime is in the best interests of the child.

After a petition has been filed, the court may appoint a guardian ad litem to represent the child’s best interests in the proceeding.

The victim shall not be required to appear in the presence of the other parent, and the victim’s and the child’s whereabouts shall be kept confidential.

A person whose parental rights are terminated under the bill has:

  • No right to allocation of parental responsibilities for the child, including any right to parenting time or decision-making;
  • No right to inheritance from the child; and
  • No right to notice of, or standing to object to, the adoption of the child.

A person whose parental rights are terminated is not relieved of any obligation to pay child support unless waived by the victim. In such cases, the court shall order the payments to be made through the child support registry or a court escrow to avoid the need for any contact between the parties.

The victim shall be entitled, upon request, to a no-contact protection order issued against the person whose parental rights are terminated that prohibits the person from having any contact with either the victim or the child.

Termination of the parent-child legal relationship pursuant to the bill is an independent basis for termination of parental rights, and the court need not make any of the considerations or findings described in other statutes for termination of the parent-child legal relationship. The bill also states that nothing in the bill prohibits the termination of parental rights by the court using other grounds under the “Colorado Children’s Code” in cases that do not meet the criteria set forth in the bill. Amends the criminal statutes on sexual assault, unlawful sexual contact, sexual assault on a child by one in a position of trust, and sexual assault on a client by a psychotherapist to specify the loss of rights under the bill.

A task force on children conceived by rape is created to study and make recommendations for protecting rape victims and for addressing parental rights in cases in which there are allegations that a sexual assault has occurred, a conviction of or prosecution for sexual assault has not occurred, and a child has been conceived as a result of the alleged sexual assault. The bill specifies the membership of the task force, what it should study, and the time frame for the task force to report to certain legislative committees of the general assembly. The statutory authority for the task force repeals Jan. 1, 2014.

The portions of the bill that allow the court to terminate parental rights and that make conforming amendments to the criminal law statutes on sexual assault apply to acts or offenses committed on or after July 1, 2013.

The bill was introduced on March 21 and is assigned to the Judiciary Committee.

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HB 13-1243: Requiring Specific Findings of Fact for Restrictions of Parenting Time

April 5, 2013 by Leave a Comment

On February 28, 2013, Rep. Dave Young and Sen. Jessie Ulibarri introduced HB 13-1243 - Concerning Factual Findings Included in Parenting Time Orders. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires a court restricting parenting time based upon a finding that parenting time would endanger the child’s physical health or significantly impair the child’s emotional development to enumerate in its order the specific findings supporting the restriction on parenting time. The bill passed out of the House on March 18 and is assigned to the Judiciary Committee in the Senate.

Since this summary, the bill was laid over for Second Reading in the Senate on April 4.

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