Chapter 18 - EXHIBIT 18F • CHIEF JUSTICE DIRECTIVE 04-08AMENDED
| Jurisdiction | Colorado |
Chief Justice Directive 04-08
Amended 12/12
Amended 01/16
I. INTRODUCTION
The following policy, adopted to assist the administration of justice through the appointment and training of child and family investigators ("CFIs"), applies to all CFIs appointed pursuant to section 14-10-116.5, C.R.S.
In 1997, Colorado statute created CFIs, formerly "Special Advocates," and authorized them to investigate, report, and make independent and informed recommendations to the court, following a court appointment by order that clearly sets forth the subject matter and scope of the CFI's duties. The statute permits attorneys, mental health professionals, and other individuals with appropriate training, qualifications, and independent perspectives acceptable to the court to fill this role.
The Commission on Families in the Colorado Courts recommended in its August 2002 Final Report the drafting of standards to clarify the role and accountability of CFIs. The Supreme Court's Standing Committee on Family Issues, through its Other Professionals Subcommittee, solicited comments from members of the public, judges, attorneys, and CFIs from around the state and found the lack of clear standards problematic in certain key areas, including role clarification and avoidance of multiple roles, communication issues, payment issues, establishment of clear procedures for complaints, and consistency in court procedures. The Other Professionals Subcommittee made several amendments in 2007 to provide clarification on access to CFI reports and to the CFI's role in court.
In its November 2010 Final Report, the Supreme Court Standing Committee on Family Issues recommended a limitation on the fee charged by CFIs to eliminate investigations that are indistinguishable from parental responsibility evaluations. In response, this Directive established a maximum CFI fee for privately paid CFIs, while Chief Justice Directive ("CJD") 04-05 stated the maximum fee for state paid non-attorney CFIs and CJD 04-06 stated the maximum fee for state paid attorney CFIs. Pursuant to amendment of section 13-91-101, C.R.S., et seq., effective January 1, 2016, the Office of the State Court Administrator ("SCAO") oversees state pay and private pay CFIs, whether attorney or non-attorney. CJD 04-05 governs the rates, presumptive maximum fees, and billing procedures for state pay CFIs.
CFI investigations are not, by definition, parental responsibility evaluations. The purpose of a CFI investigation is to provide a brief assessment that is nonintrusive, efficient, and cost-effective. If a CFI finds that a case warrants a more comprehensive assessment, s/he can provide that recommendation to the court. The court may then choose to appoint a parental responsibility evaluator other than the appointed CFI or take other necessary action. A CFI appointment may expand in scope to appointment as a parental responsibility evaluator for an appointee qualified pursuant to section 14-10-127, C.R.S., only upon written stipulation of the parties approved by the court.
The CFI standards and duties of the courts set forth in this Directive recognize that people from different professions and backgrounds will serve as CFIs. These standards guide CFI conduct and provide a structure for their regulation to better serve Colorado families. The standards do not, however, exhaust the ethical and professional considerations that should inform a CFI in his or her duties. Violation of a standard should not, in and of itself, give rise to a cause of action, nor should it create any presumption that the CFI breached a legal duty or committed a professional ethical violation. The statutory purpose and definition of a CFI should guide interpretation of the CFI standards. The comments accompanying each standard explain and illustrate the meaning of the standard and shall also guide its interpretation.
II. STATUTORY AUTHORITY AND EXISTING CHIEF JUSTICE DIRECTIVES
A. This Directive sets forth a comprehensive set of standards for all CFIs appointed pursuant to section 14-10-116.5, C.R.S., and also sets forth the courts' duties when appointing CFIs. Section 14-10-116.5, C.R.S., authorizes the courts to appoint CFIs in domestic relations cases. Attorneys, mental health professionals, and other individuals with appropriate training, qualifications, and independent perspectives acceptable to the courts may serve as CFIs. The statutorily defined role of the CFI is to investigate, report, and make recommendations to the court on issues affecting the best interests of the minor and dependent child/ren involved in domestic relations cases. The order of appointment shall clearly set forth the subject matter and scope of the CFI's duties. See "Order Appointing Child and Family Investigator pursuant to §14-10-116.5," ("JDF 1318").
B. Effective January 1, 2016, CJD 04-05 addresses appointment and payment procedures for all state paid CFIs. Prior to January 1, 2016, CJD 04-06 addressed appointment of state paid attorney CFIs through the Office of the Child's Representative.
III. MAXIMUM FEES
A. Privately Paid CFIs.
1. Investigation and Report. For appointments made after the effective date of this Directive, the presumptive maximum fee for the investigative and reporting work of privately paid CFIs is $2,750 per appointment. The fee shall not exceed this presumptive $2,750 cap without prior court approval in the form of a written order with specific findings concerning the extraordinary circumstances justifying the excess fees.
2. Testimony and Preparation Time. In some matters, the parties may seek or the court may order a privately paid CFI to testify. In such matters, a presumptive maximum fee of $500 per appointment shall govern this testimony, including preparation or other work performed in association with giving testimony. The total testimony and preparation fees of a privately paid CFI shall not exceed this presumptive $500 cap without prior court approval in the form of a written order with specific findings concerning the extraordinary circumstances justifying the excess fees.
3. Hourly Rate. Every order appointing a privately paid CFI shall state the CFI's hourly rate. If the CFI charges one rate for investigative and reporting work and another rate for testimony and preparation time, the CFI appointment order shall state both hourly rates.
B. State Paid CFIs. Effective January 1, 2016, CJD 04-05 establishes the maximum hourly rates and maximum total fee per appointment for state paid CFIs, whether attorney or non-attorney. The SCAO provides payment of CFIs for matters in which one or more of the parties are found to be indigent. CFIs seeking fees that exceed the maximum allowable amount must comply with the procedures set forth in CJD 04-05.
IV. GUIDELINES FOR APPOINTMENT
A. Eligibility for appointment as a CFI requires:
1. An "Affidavit of Mandatory Consent and Disclosure for Eligibility of Appointment as a Child and Family Investigator and Placement on Statewide Eligibility Roster" ("CFI Affidavit").
2. A successful background check through processes and guidelines established by the SCAO. Prospective CFIs are responsible for completing this process and paying the associated fees. CFIs should allow a minimum of four weeks for completion of the background check.
3. Completion of the mandatory Colorado Judicial Department Child and Family Investigator training referenced in Standard 6 of section VIII.C. of this Directive.
4. Selection for the Statewide Eligibility Roster and Judicial District Eligibility Rosters.
B. Placement on Eligibility Rosters.
1. Statewide Eligibility Roster. Based on the CFI Affidavit, background check, and statewide or local need for additional CFIs, the SCAO will determine whether to place the CFI on the Statewide Eligibility Roster. Only individuals listed on the Statewide Eligibility Roster may serve as CFIs.
2. Judicial District Eligibility Rosters. Each judicial district will compile and maintain its own eligibility roster from CFIs on the Statewide Eligibility Roster. Only individuals listed on the Statewide Eligibility Roster and the eligibility roster of one or more judicial districts may serve as CFIs.
3. Policies Governing CFI Eligibility and Appointment. The SCAO shall establish and disseminate policies governing CFI appointment and eligibility. See http://www.courts.state.co.us/Administration/Section.cfm?Section=jp3domprog.
V. COMPLAINTS
A. Only parties, their counsel of record and judicial officers may file complaints regarding CFI noncompliance with the order of appointment or the Standards of Practice set forth in section VIII of this Directive. Individuals filing complaints must do so through the online "Child and Family Investigator Formal Complaint Procedures and Form" ("CFI Complaint Form") on the Colorado Judicial website, http://www.courts.state.co.us/Administration/Section.cfm?Section=jp3domprog,or through printing the online form and providing it by mail or in person to the applicable District Administrator. Complaints shall be made no later than one year following the termination of the CFI appointment. No investigation shall occur for complaints made more than one year following termination of the CFI appointment or involving an individual not listed on the Statewide Eligibility Roster.
B. Within 10 days of receiving a CFI Complaint Form, the District Administrator shall forward the complaint to the judge presiding over the matter in which the CFI was appointed so that the judge may determine whether to take any immediate preventative or corrective action.
C. The judicial district shall then begin an investigation to determine whether the complaint is founded, and what action, if any, to take in resolving the concerns raised by a founded...
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