HB21-1228 Summary

• Establishes that child safety is the paramount consideration in custody and parenting time determinations, with courts required to address domestic violence, child abuse, and child sexual abuse allegations before other best interest factors.

• Prohibits courts from referring domestic abuse cases to mediation if one party claims to be a victim of physical or psychological abuse at any time, regardless of prior participation.

• Requires all court-appointed professionals involved in custody evaluations (child and family investigators, parental responsibility evaluators, legal representatives, judges, magistrates) to complete minimum training: 6 initial hours on domestic violence and coercive control, 6 hours on child abuse and sexual abuse, and 4 hours every two years on these topics.

• Mandates that court-appointed evaluators and investigators be selected from eligibility rosters and possess documented expertise in domestic violence, child abuse, and trauma before being allowed to testify as experts or make custody recommendations.

• Appropriates $86,680 to the judicial department for the 2021-22 fiscal year to implement these oversight and training requirements, including 0.9 additional FTE positions.