2021 Colorado Legislation Affecting Child Custody and Domestic Abuse and Sexual Abuse

2021 Legislation Affecting Child Custody and
Domestic Abuse and Sexual Abuse
SB21-088
Child Sexual Abuse Accountability Act
Concerning establishing a civil cause of action for sexual misconduct against a minor,
and, in connection therewith, making an appropriation.
Senate Bill 88 would give survivors of abuse after 1960 for whom the civil statute of
limitations has expired the ability to file lawsuits during a three-year window starting
Jan. 1, 2022.
The bill would cap damages for public entities sued under the bill at $387,000. There
would also be a $500,000 “soft” cap for private entities, like a church or summer camp,
sued under the legislation. The limit rises to a $1 million “hard” cap if a victim can
prove through clear and convincing evidence — the highest legal standard in civil law
— that an institution failed to take steps to stop the abuse or notify the public of the
risk.
HB 21-1228 (Julie’s Law)
Domestic Violence Training Court Personnel
The bill increases and clarifies domestic violence training requirements (training) for
court personnel (personnel) who are regularly involved in cases related to domestic
matters, including child and family investigators, parenting responsibility evaluators,
and legal representatives of children.
Child safety is the first priority of custody and parenting adjudications, and courts
should resolve safety risks and claims of domestic violence, child abuse, and child
sexual abuse first as a fundamental consideration in determining the best interests of
the child before assessing other best interest factors
All evidence admitted in custody and parenting adjudications should be subject to evidentiary
admissibility standards
HB21-1099 (Ty’s Law)
Policies And Procedures To Identify Domestic Abuse
Concerning authorization to implement best practices for child welfare caseworkers to
recognize domestic abuse, and, in connection therewith, addressing domestic abuse
as a form of child abuse or neglect, and making an appropriation.
The bill establishes a domestic abuse task force (task force) that will develop a statutory
definition for the Colorado Children’s Code to define “domestic abuse”. The statutory
definition should recognize the impact domestic abuse may have on the emotional
and developmental well-being of a child. The task force shall review recommendations
from the department of human services’ domestic violence program and child welfare
workgroup (workgroup) to develop the statutory definition. The bill requires the department
of human services (department) to report the recommended definition to
committees of the general assembly no later than December 2022.