District Court Denver Juvenile Court ___________________________ County, Colorado Court Address: In re: The Marriage of: Parental Responsibilities concerning: ______________________________________________________ COURT USE ONLY Case Number: Petitioner: and Division Co-Petitioner/Respondent: Courtroom ORDER APPOINTING CHILD AND FAMILY INVESTIGATOR PURSUANT TO §14-10-116.5, C.R.S. This matter is before the Court on the Court's motion, Petitioner's motion, or Co-Petitioner/Respondent's motion for the appointment of a Child and Family Investigator pursuant to §14-10-116.5, C.R.S. Finding in the best interests of the child(ren), the Court hereby appoints as Child and Family Investigator (CFI): Name: ____________________________________________________________________________________ Mailing Address: _____________________________________________________________________________ Telephone #: ___________________ Fax #: ____________________ Email: _____________________________ Information about the child(ren): Full Name of Child Date of Birth Information about the Petitioner: Name: ___________________________________________ Date of Birth: _________________ Attorney: _______________________________ Mailing Address: ____________________________________________________________________________ City & Zip: _______________________________________________________ Home Phone #: ___________________ Work Phone #: __________________ Cell #: _____________________ Information about the Co-Petitioner/Respondent: Name: ___________________________________________ Date of Birth: _________________ Attorney: _______________________________ Mailing Address: ____________________________________________________________________________ City & Zip: _______________________________________________________ Home Phone #: ___________________ Work Phone #: __________________ Cell #: _____________________ Protection/Restraining Orders: There is is not a protection/restraining order in place: County of ______________________, State of _____________________, in case number ________________. The person restrained is: __________________________________________. If this box is checked: the parties may meet together with the CFI, if the CFI so directs, without violating this Order. JDF 1318 R1/08 ORDER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 1 of 4 American LegalNet, Inc. www.FormsWorkflow.com Responsibilities of the Child and Family Investigator: 1. The CFI shall comply with the applicable provisions set forth in Chief Justice Directives 04-05, 04-06, and 0408, as subsequently amended, and with the requirements of §14-10-116.5, C.R.S. The CFI shall not also serve as the Child’s Legal Representative pursuant to §14-10-116, C.R.S. 2. The CFI shall investigate, report and make recommendations on any issues that affect, or may affect, the best interests of the minor or dependent child(ren), as that term is described in §14-10-124, C.R.S. The CFI may be called to testify as to her/his recommendations. 3. The CFI shall investigate the following issues: Allocation or modification of parenting time Allocation or modification of decision-making responsibilities Relocation of a parent Other issues: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 4. In investigating the allocation of parental responsibilities, the CFI shall follow criteria listed in Chief Justice Directive 04-08, which can be found online at http://www.courts.state.co.us/supct/directives/04-08.pdf. The Court hereby finds that special circumstances exist that require expanded assessment in these following areas: Drug/alcohol abuse Domestic violence Special needs of a parent or child Other issues: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 5. If, in the opinion of the CFI, the services of other professionals would be a benefit to the parties and/or to their child(ren), including the provision of psychological testing or ongoing therapy; or such services would assist the CFI in the preparation of his/her report and/or recommendations, the CFI shall request an expanded order of the Court and will advise counsel. No services of other professionals that are requested by the CFI shall be provided unless they are agreed to by the parties, or ordered by the Court; except that each party may obtain individual therapy for him/herself at any time. 6. The CFI shall file a concise, written report and shall provide copies to the parties and/or their counsel of at least 20 days prior to the permanent order hearing or by __________ (date). The next event record in this case is a ____________________________ scheduled for __________ (date) at ___________ (time) in Courtroom _______. The CFI is is not directed to attend this hearing in person by telephone at this number: ________________________. 7. Should the CFI determine that a change in parenting time is necessary on a forthwith basis to serve the best interests of the child(ren), s/he shall immediately contact the Court Clerk at _______________________ (telephone number) to request a telephone conference with all parties and counsel, or shall send a short JDF 1318 R1/08 ORDER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 2 of 4 American LegalNet, Inc. www.FormsWorkflow.com report to the Court with copies to all parties and counsel which describes the basis of the request for a forthwith hearing. Responsibilities of the Parties: 1. Each party or their counsel shall initiate contact with the CFI within 10 days from the date of this Order to arrange his/her first meeting with the CFI. Each party and counsel shall confer with the CFI when and as the CFI directs, and shall cooperate fully with the CFI. The CFI may consider a party’s cooperation or lack of cooperation as a factor in making his/her recommendations. 2. The parties shall provide the CFI with all court orders addressing matters of parenting time or parental rights and responsibilities that are issued on or after the effective date of this Order. These orders are to be provided to the CFI and all documentation currently in the court file that will assist the CFI in his/her investigation. 3. The parties or their counsel are responsible for providing information concerning other cases which have a relationship to this case when requested to do so by the CFI. Release of Confidential Information: The parties shall sign any releases necessary to allow the CFI to properly conduct his/her investigation; and the CFI may request the Court to issue any other necessary order for release of information. Immunity: As an investigator for the Court, the CFI is granted quasi-judicial immunity while acting within the course and scope of his/her appointment. Modification or Termination of the Child and Family Investigator’s Appointment: The Court shall maintain the discretion to modify or terminate this appointment at any time during the proceedings. This appointment shall terminate upon the following unless otherwise ordered by the Court: when the CFI’s report has been filed with the Court. upon entry and the Court’s signature of Permanent Orders in this case. when motions have been resolved by the entry of orders in this post-decree issue. other: ____________________________________________________________________________ Payment of Costs and Fees in Favor of the Child and Family Investigator: The Court hereby finds that the fees of the CFI, plus mileage and costs at the state rate, are reasonable and necessary. Any objection to these fees and costs shall be made in writing and filed with this Court within 10 days. The CFI’s fees are in the nature of child support as the role of the CFI is to investigate, report and make recommendations to the Court on any issues that affect or may affect the best interests of the child(ren). After considering the financial resources and/or other equitable circumstances of the parties, the Court apportions the payment of the retainer, fees, and costs of the CFI as follows: No party is indigent. The CFI’s hourly rate is $____________ and he/she requires $_____________ for the initial retainer. The Petitioner will pay the CFI directly the amount of $__________ or ______ % to be applied toward the initial retainer on or before ___________________ (date). The Co-Petitioner/Respondent will pay the CFI directly the amount of $__________ or ______ % to be applied toward the retainer on or before ______________________ (date). JDF 1318 R1/08 ORDER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 3 of 4 American LegalNet, Inc. www.FormsWorkflow.com Thereafter, the CFI shall bill his/her hourly rate of $__________ against the initial retainer, and fees and costs in excess shall remain apportioned as set forth above and shall be paid within 30 days of the date billed, unless otherwise ordered by the Court or agreed between the parties. The Court approves a sliding fee scale as follows: ______________________________________________ _______________________________________________________________________________________ The Court finds that both parties are indigent. Both the Petitioner and Co-Petitioner/Respondent have completed the required JDF 208 form, and are indigent, in accordance with the requirements of CJD 04-05 (non-attorney CFI) or CJD 04-06 (attorney CFI), and therefore orders that the fees and costs of the CFI will be borne by the State pursuant to the procedures and at the hourly rate set forth in CJD 04-05 (non-attorney CFI) or CJD 04-06 (attorney CFI). The Court finds the one party _________________________________ (name of party) is indigent. The party identified above has completed the required JDF 208 form, and is indigent, in accordance with the requirements of CJD 04-05 (non-attorney CFI) or CJD 04-06 (attorney CFI) and therefore orders that ______% of the fees and costs of the CFI will be borne by the State pursuant to the procedures and at the hourly rate set forth in CJD 04-05 (non-attorney CFI) or CJD 04-06 (attorney CFI), with the remaining amount as determined by the Court to be paid by the non-indigent party to the CFI directly. The non-indigent party will pay as follows: At least 50% of the State Rate as set forth by Chief Justice Directive; or An hourly rate as otherwise ordered by the Court in the amount of $_____________. The non-indigent party is ordered to pay the CFI directly the amount of $____________ to be applied toward the CFI’s initial retainer on or before _____________________ (date). The CFI will bill only the non-indigent’s hourly rate against such retainer and the State will be responsible for all costs associated with the indigent party. The Court maintains the discretion to reallocate the appointment of fees at permanent orders or the postdecree final hearing. The CFI shall not commence the Court’s investigation until the retainer is satisfied in full and the CFI shall apprise the Court within ten days of his/her inability to proceed with the case because of non-payment. Upon notification to the Court, the Court may set a forthwith hearing which will require the mandatory appearance of the non-paying party(ies). Failure of either party to comply with this Order may result in sanctions by the Court, up to six months in the County Jail, or a $1,000.00 fine. Date: ______________________________ _____________________________________ Judge Magistrate CERTIFICATE OF SERVICE I certify that on __________________ (date), I mailed, faxed, e-filed, or hand-delivered a copy of this Order to the following: Attorney for Petitioner or Petitioner pro se Attorney for Co-Petitioner/Respondent or Co-Petitioner/Respondent pro se Child and Family Investigator Other: ____________________________________ _____________________________________ Clerk JDF 1318 R1/08 ORDER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 4 of 4 American LegalNet, Inc. www.FormsWorkflow.com JDF 1318 R1/08 ORDER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 5 of 4 American LegalNet, Inc. www.FormsWorkflow.com