“CONCERNING COURT ORDERS IN CIVIL ACTIONS FOR PERSONS AT RISK OF ABUSE OR NEGLECT, 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; AMENDING AND RELOCATING PROVISIONS RELATING TO CIVIL PROTECTION ORDERS; AND MAKING AN APPROPRIATION.” (Note: All caps denote additions to statutes)
What does this mean for DVOMB Approved Treatment Providers? Here is some of the added language to the statute:
“14-10-123.4. Rights of children in matters relating to parental responsibilities.
(b) THE RIGHT TO BE EMOTIONALLY, MENTALLY, AND PHYSICALLY SAFE WHEN IN THE CARE OF EITHER PARENT; AND
(c) THE RIGHT TO RESIDE IN AND VISIT IN HOMES THAT ARE FREE OF DOMESTIC VIOLENCE AND CHILD ABUSE OR NEGLECT.
14-10-124. Best interests of child.
(f) WHEN THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT ONE OF THE PARTIES HAS COMMITTED DOMESTIC VIOLENCE, THE COURT MAY ORDER THE PARTY TO SUBMIT TO A DOMESTIC VIOLENCE EVALUATION. IF THE COURT DETERMINES, BASED UPON THE RESULTS OF THE EVALUATION, THAT TREATMENT IS APPROPRIATE, THE COURT MAY ORDER THE PARTY TO PARTICIPATE IN DOMESTIC VIOLENCE TREATMENT.AT ANY TIME, THE COURT MAY REQUIRE A SUBSEQUENT EVALUATION TO DETERMINE WHETHER ADDITIONAL TREATMENT IS NECESSARY. IF THE COURT AWARDS PARENTING TIME TO A PARTY WHO HAS BEEN ORDERED TO PARTICIPATE IN DOMESTIC VIOLENCE TREATMENT, THE COURT MAY ORDER THE PARTY TO OBTAIN A REPORT FROM THE TREATMENT PROVIDER CONCERNING THE PARTY’S PROGRESS IN TREATMENT AND ADDRESSING ANY ONGOING SAFETY CONCERNS REGARDING THE PARTY’S PARENTING TIME. THE COURT MAY ORDER THE PARTY WHO HAS COMMITTED DOMESTIC VIOLENCE TO PAY THE COSTS OF THE DOMESTIC VIOLENCE EVALUATIONS AND TREATMENT.” (End Pg. 6-top Pg. 7) http://www.statebillinfo.com/bills/bills/13/1259_enr.pdf
Please note, the first nine pages of the Act relate to Parenting time and Parental responsibilities. This may be unfamiliar territory for DVOMB Approved Providers. There is an entire body of literature that addresses domestic violence in child custody. If you are an approved treatment provider, it is your ethical responsibility to gain knowledge and training in this area before you accept clients referred by Family Court.
As I started to look into this literature over 3 years ago, I found it necessary to wrap my head around the differences between Family Court and Criminal Court responses to Domestic Violence and Patterns of Domestic Violence. Through the Virtual Training Center, you can review new courses added to cover these issues. Find out how this is counterintuitive to what you already know about the operation of the court system.
More to come on Colorado 2013 Legislation that may impact your practice as bills are reviewed.
Peacefully yours,
Dr. Debra
Debra Wingfield, Ed.D., LPC
Author, Trainer, Speaker, Consultant
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