Colorado law sets limits on “reunion treatment” in custody cases and emphasizes training and expertise

In a landmark move, Colorado passed a new law that will significantly change the way child custody cases are handled. The law, which came into effect just last week, prevents family courts from cutting off a child’s contact with a protective parent in order to establish a relationship with a rejected parent accused of abuse or domestic violence.

Under the bill, known as House Bill 23-1178, Colorado courts are prohibited from ordering “reunion treatment” that involves cutting off contact with the protective parent. The law emphasizes that such treatment can only be ordered if there is credible scientific evidence demonstrating its therapeutic value and safety. This important provision ensures that the best interests of the child are paramount throughout the custody process.

In addition, the new law provides for additional measures to protect children in these cases. Family investigators and child custody assessors are now required to complete annual training that specifically focuses on domestic violence and child abuse. By prioritizing education and expertise, the legislation aims to improve the court system’s ability to recognize and address situations involving these sensitive issues.

The law also requires Colorado courts to consider expert testimony from professionals who have experience working with victims of domestic violence or child abuse. This provision recognizes the invaluable insight that such experts can provide when deciding custody.

Trust BCG Attorney Search to connect you with the best legal employers in your area. Seek now!

Crucially, the bill will require courts to consider evidence of prior sexual or physical abuse by the accused parent. In this way, the legislation ensures that allegations of abuse are adequately addressed and provides additional protection for vulnerable children.

Colorado’s new law aligns with the federal Keeping Children Safe From Family Violence Act, commonly known as the Kayden Act, and reinforces the state’s obligation to prioritize the welfare of children in custody cases. In addition, federal law provides funds to states that are improving their child custody laws. This makes Colorado the first state to enact such a law consistent with this federal statute.

This landmark legislation follows a ProPublica investigation that shed light on court-ordered reunification camps and uncovered instances of child coercion and abuse. These programs, which aim to combat parental alienation, have been criticized for their dubious scientific basis and potential harm to the children involved. Although parental alienation is dismissed by mainstream academia, it does affect custody decisions in some cases.

In addition, ProPublica uncovered allegations of domestic violence against certain Colorado custody assessors and stressed the need for increased oversight and training in this area.

The new law, which takes effect immediately, marks a significant milestone in child custody legislation. While it does not overturn existing court orders related to reunion programs, protective parents can now invoke this law when appealing decisions with which children are deprived of their custody.

The law’s namesake, Kayden’s Law, honors the memory of seven-year-old Kayden Mancuso of Bucks County, Pennsylvania. Tragically, Kayden was killed by her father during the court-ordered detention, despite efforts by her mother to produce evidence of the father’s criminal record and get a protection order against him. This heartbreaking case underscores the importance of ensuring the safety and well-being of children in custody proceedings.

Colorado’s progressive legislation serves as a model for other states grappling with similar challenges, underscoring the need to put children’s best interests first and protect them from harm in custody cases. As the first state to pass legislation equivalent to the Kayden Act, Colorado is setting a precedent for comprehensive statewide custody reform.