What is a CFI?
In Colorado, a Child and Family Investigator (CFI) is a professional appointed by the court to investigate and make recommendations regarding parenting arrangements, decision-making responsibilities, and matters related to the best interests of children in high-conflict custody and visitation cases. The role of a CFI is to provide an impartial evaluation and report to assist the court in making informed decisions regarding the children’s welfare.
The specific duties and responsibilities of a CFI in Colorado may include:
- Investigation: A CFI conducts a thorough investigation, which may involve interviewing the parents, children, and relevant parties, as well as gathering information from other sources such as schools, healthcare professionals, and other professionals involved in the children’s lives.
- Assessments: The CFI evaluates various factors related to the children’s well-being, including their physical and emotional health, relationships with each parent, any allegations of abuse or neglect, and the overall family dynamics.
- Recommendations: Based on the investigation and assessment, the CFI prepares a written report that includes findings, observations, and recommendations regarding parenting time, decision-making responsibilities, and other issues related to the children’s best interests.
- Testimony and Court Proceedings: The CFI may be called to testify in court proceedings to provide further information or clarify their report’s findings and recommendations. They may also participate in settlement discussions or mediation.
It’s important to note that the specific qualifications, training, and procedures for CFIs can vary, as there is no standardized credentialing process at the state level in Colorado. However, the court typically appoints professionals with relevant backgrounds, such as licensed mental health professionals, attorneys, or social workers, who have expertise in child development, family dynamics, and custody matters.
CFIs play a critical role in assisting the court in making decisions that prioritize the best interests of the children involved in high-conflict custody cases. Their investigations and recommendations aim to provide valuable insights to help resolve parenting disputes and create suitable arrangements for the children’s well-being.
What is a PRE?
In Colorado, a Parental Responsibility Evaluation (PRE) is a comprehensive evaluation conducted by a qualified professional to assess the parenting abilities, strengths, and weaknesses of each parent involved in a child custody dispute. The purpose of a PRE is to provide the court with an in-depth analysis and recommendations regarding parental responsibilities and parenting time arrangements that are in the best interests of the child or children involved.
The PRE process typically involves the following steps:
Evaluation: The evaluator gathers information through interviews, observations, and assessments of each parent. They may also interview the child or children, as well as relevant individuals such as family members, teachers, healthcare providers, or other professionals involved in the child’s life.
Assessment tools: The evaluator may use various assessment tools, such as standardized tests, questionnaires, or psychological evaluations, to assess the parenting abilities, mental health, and any relevant factors that may impact the child’s well-being.
Home visits: The evaluator may conduct visits to each parent’s home to observe the living environment, interactions with the child, and the overall suitability of the home for the child’s needs.
Collateral contacts: The evaluator may contact or seek information from collateral sources, such as schools, therapists, or other professionals, to gather additional information about the child’s functioning and the parents’ involvement.
Report and recommendations: Based on the evaluation, the evaluator prepares a comprehensive report that includes their findings, observations, and recommendations regarding parental responsibilities, parenting time schedules, decision-making responsibilities, and any other relevant issues. The report aims to assist the court in making informed decisions that prioritize the child’s best interests.
It’s important to note that the specific procedures and requirements for PREs can vary depending on the judicial district or the court involved. The professionals conducting PREs are typically licensed mental health professionals, such as psychologists or social workers, who have received specialized training in conducting custody evaluations and are approved by the court.
PREs are intended to provide the court with expert insights and recommendations to help determine appropriate parenting arrangements that promote the child’s well-being and maintain their relationships with both parents. The court will consider the PRE report, along with other evidence and factors, when making custody and parenting time decisions.
Chief Justice Directive 21-01 on Parental Responsibility Evaluators
CJD 21-02 – Parental Responsibility Evaluator
In November 2021, Chief Justice Brian D. Boatright issued CJD 21-01, Directive Concerning Court Appointments of Parental Responsibility Evaluators pursuant to C.R.S. 14-10-127. This directive incorporates the requirements of C.R.S. 14-10-127, as well as adding more details, much as CJD 04-08 does for CFIs.
The directive was a response to HB 21-1228, which not only contemplates there will be a directive governing Parental Responsibility Evaluators, but added the domestic violence and child abuse provisions and training and made provisions related to rehabilitative parenting time camps (which were never commonly ordered but was in response to one high profile case in Colorado where the court ordered “the nuclear option” of reversing primary care as a result of ongoing alienation of the primary parent against the other parent, and another case with a PRE who had several complaints made against him and made unusual comments on the record in that case as to most DV allegations being false). Colorado’s new law, in compliance with the federal Keeping Children Safe From Family Violence Act, colloquially known as Kayden’s Law, solidifies the state’s commitment to prioritizing the welfare of children in custody cases and attempts to provide additional guidance to the court in divorce cases involving domestic violence allegations.
Please consult with an experienced family law attorney to answer any questions you may have. Marc Patoile may be reached at 303-688-3045.