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Child and Family Investigations And Abuse And Neglect Current Definitions
Are you involved in a divorce or child custody case involving abuse or neglect? An experienced divorce and child custody lawyer can guide you through the legal process and assist in exploring your options. You have one bite at the apple in the court system so make it count.
With the increased emphasis on evaluating domestic violence and child abuse in parenting evaluations, Child and Family Investigators (CFI) must gather related information and provide that to the Court. Following are some important and current definitions involving abuse and neglect. It should be noted that coercive control is a form of emotional abuse.
C.R.S. 14-10-116.5(2)(b.3)(I) requires that a CFI include all information acquired during their investigation concerning domestic violence and child abuse, including child sexual abuse, physical abuse, emotional abuse, coercive control, trauma, and victim and perpetrator behavioral patterns and relationship dynamics. This information must be included regardless of the manner in which it was required and who presented the information.
C.R.S. 19-1-103 1(a) states: child abuse or neglect means an act or omission in one of the following categories that threatens the health or welfare of a child: (I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either”
C.R.S. 19-1-103 1(a (IV) states: Any case in which a child is subjected to emotional abuse. As used in this subsection (1)(a)(IV), “emotional abuse” means: “an identifiable and substantial impairment of the child’s intellectual or psychological functioning or development or a substantial risk of impairment of the child’s intellectual or psychological functioning or development.”
C.R.S. 19-3-102 (1) states: “A child is neglected or dependent if: (a) A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring… (c) The child’s environment is injurious to his or her welfare.”
Both C.R.S. 18-6-800.3 (1) and C.R.S. 14-10-124 (1.3)(a) state: "Domestic violence" means an act of violence or a threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship, and may include any act or threatened act against a person or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Frequently asked questions involving CFI investigations and abuse:Yes.
Yes, whether it is documented in a police report or criminal record or court proceeding or whether it is information provided by a person that is not documented.
A CFI will determine if the Department of Human Services conducted an investigation and whether findings were made. The CFI will also gather new or additional information in the course of the investigation as available.
A knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation.
