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Legislative Year: 2024 Change
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Bill Detail: HB24-1350

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Title Parental Responsibilities Proceedings Child Safety
Status Governor Signed (06/03/2024)
Bill Subjects
  • Children & Domestic Matters
House Sponsors M. Froelich (D)
T. Story (D)
Senate Sponsors F. Winter (D)
D. Michaelson Jenet (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 02/28/2024
AI Summary
Summary

Under current law, a court may appoint a child and family
investigator (investigator) to investigate and report to the court relevant
factors for determining the best interest of a child or youth in a
proceeding involving parental responsibilities allocation. Similarly, under
current law, a court may appoint a parental responsibilities evaluator
(evaluator) to evaluate and report to the court concerning disputed issues
relating to the parental responsibilities allocation. The bill:
  • Prohibits investigators and evaluators from including
information based on theories that are not evidence-based
or peer-reviewed in a report to the court, but requires
investigators and evaluators to provide options for the court
to consider;
  • Requires investigators and evaluators to adhere to certain
interviewing and forensic reporting standards;
  • Requires investigators and evaluators to provide certain
written disclosures to each party before performing duties;
  • Allows the court to implement caps on charges for duties
performed by evaluators;
  • Requires investigators and evaluators to include all
information obtained concerning domestic violence and
child abuse; and
  • Amends training requirements for investigators and
evaluators.
In all proceedings, a child or youth must have the opportunity to
be heard without a parent present and have their opinion considered and
entered into the record, either through an investigator's or evaluator's
report or to the court through parental responsibilities allocation
proceedings by letter or in the judge's chambers if the child or youth is of
sufficient age and maturity and able to express an opinion.
The court is prohibited from considering information based on
theories that are not evidence-based or peer-reviewed in determining the
best interests of the child or youth when determining parenting time.
The bill defines coercive control.
The bill requires that if allegations of domestic violence, child
abuse or neglect, or child sexual abuse have been made, a child or youth
must not be forced into an allocation of parental responsibilities
arrangement, and the court is required to give strong consideration to the
child's or youth's preference, if the preference is consistent with
protecting the child's or youth's safety.
The bill clarifies that, pursuant to a chief justice directive, the
office of the state court administrator is authorized to accept complaints
regarding investigators and evaluators, and administer appropriate
sanctions.
The office of the state court administrator shall publish
information on its website regarding judges and magistrates who
complete domestic violence and child abuse training.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (06/25/2024) (most recent)  
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