Order Appointing Child And Family Investigator {JDF 1318} | Pdf Fpdf Docx | Colorado

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Order Appointing Child And Family Investigator {JDF 1318} | Pdf Fpdf Docx | Colorado

Order Appointing Child And Family Investigator {JDF 1318}

This is a Colorado form that can be used for Domestic Relations within Statewide.

Alternate TextLast updated: 9/18/2018

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JDF 13 1 8 R 1 - 1 6 OR DER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 1 of 5 District Court Denver Juvenile Court County, Colorado Court Address: In re: The Marriage of: The Civil Union of: Parental Responsibilities concerning: Petit ioner: A nd Co - Petitioner/Respondent: COURT USE ONLY Case Number: Division Courtroom ORDER APPOINTING CHILD AND FAMILY INVESTIGATOR PURSUANT TO 24714 - 10 - 116.5, C.R.S. This matter is before the Court on the Court's motion, Peti tioner's motion, or Co - Petitioner /Respondent's motion for the appointment of a Child and Family Investigator (CFI) pursuant to 24714 - 10 - 116.5, C.R.S. This case is: pre - decree, governed by 24714 - 10 - 124, C.R.S.; or post - decree case governed by 24714 - 10 - 129, C.R.S. T he Court appoints as CFI : Name: Mailing Address: Telephone #: Fax #: Email: Information about the C hild(ren): Full Name of Child Date of Birth American LegalNet, Inc. www.FormsWorkFlow.com JDF 13 1 8 R 1 - 1 6 OR DER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 2 of 5 Information about the Petitioner: Name: D ate of Birth: Mailing Address: City & Zip: Home Phone #: Work Phone #: Cell Phone #: E - mail: Attorney: Attorney Phone #: Information about the Co - Petitioner/Respondent: Name: Date of Birth: Mailing Address: City & Zip: Home Phone #: Work Phone #: Ce ll #: E - mail: Attorney: Attorney Phone #: Protection/Restraining Orders: There is is not a protection/restraining order in place involving the parties and/or child(ren): County of , State of , in case number . The person restrained is: . The protected person(s) is/are . Responsibilities of the CFI : 1. The CFI shall comply with Chief Justice Directives 04 - 05 and 04 - 08, as subsequently amended, and with 24714 - 10 - 1 16.5, C.R.S. Within seven days of appointment, the CFI shall file the Mandatory Disclosure Form, JDF 1338, disclosing the existence or non - existence and nature of any familial, financial, or social relationship the CFI has or had with the child (ren) , any party, the attorneys of record, or the Judicial Officer . 2. The CFI shall investigate, report and make recommendations on the following specific issues: pursuant to the applicable pre - decree or post - decree legal standard . American LegalNet, Inc. www.FormsWorkFlow.com JDF 13 1 8 R 1 - 1 6 OR DER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 3 of 5 3. The CFI shall not co nduct psychological testing. The CFI shall not perform or require drug, alcohol, polygraph or other testing, inspection or evaluation unle ss specifically ordered by the C ourt. If the C FI believes testing, inspection or evaluation would benefit the parties and/ or child( ren ) and would assist the C ourt, the CFI shall notify the C ourt and parties as soon as possible and shall include this information in the CFI report. This prohibition does not prevent the CFI from conducting domestic violence screening the CF I is competent to perform. 4. Because a CFI i s the investigative arm of the C ourt, a CFI must not make referrals or recommenda tions to the parties or to the C ourt for specific professionals, unless a party makes a written request for referral or recommendati on or unle ss the C ourt requests a referral or recommendation. 5. The CFI shall file a concise, written report and shall provide copies to the parties and/or their counsel of record by (date). The next event in this case is a scheduled for (date) at (time) in Courtroom . The CFI is is not directed to attend in person by telephone at this number: . Responsibilities of the Parties: 1. Each party or their counsel shall initiate contact with the CFI within 10 days from the date of this Order to arrange his/he r first meeting with the CFI. Each party and counsel shall confer with the CFI when and as the CFI directs, and shall cooperate fully with the CFI. The CFI may report to the C 2. The parties shall provide t he CFI with all C ourt orders addressing matters of parenting time or parental rights and responsibilities that are issued on or after the effective date of this Order , as well as existing documents in the Court file that are relevant to the CFI investigati on or requested by the CFI . 3. The parties or their counsel must provide information concerning other cases that have a relationship to this case when requested by the CFI. Release of Confidential Information: The parties shall sign any releases necessary to allow the CFI to properly conduct his/her investigation . T he CFI may request the C any other necessary order for release of information. Modification or Termination of the CFI The Court shall retain the discretion to m odify or terminate this appointment at any time during the proceedings. This appointment shall terminate upon the following unless otherwise ordered by the Court: upon filing the CFI report w ith the Court. upon entry of P ermanent Orders. upon entry of orders resolving this post - decree issue. other: Payment of Costs and Fees in Favor of the CFI : American LegalNet, Inc. www.FormsWorkFlow.com JDF 13 1 8 R 1 - 1 6 OR DER APPOINTING CHILD AND FAMILY INVESTIGATOR Page 4 of 5 CFI fees are in the nature of child support , as the role of the CFI is to investigate, report and make recommendations to the Court on any issues that affect or may affect the best interest s of the child(ren). A. Privately Paid CFIs. 1. Investigation and Report. A presumptive maximum fee of $2, 75 0 per appointment shall be established for the investigative and reporting work of all privately paid CFIs. The total investigation and report fees of a privately paid CFI shall not exceed this presumptive $2, 75 0 cap unless prior C ourt approval is obtained in the form of a written order with specific findings concerning the extraordinary circumstances tha t justify the excess fees. 2. Testimony and Preparation Time. It is anticipated that, in some matters, the testimony of the privately paid CFI will be sought by the parties or deemed necessary by the C ourt. In such matters, a presumptive maximum fee of $ 500 per appointment shall be established concerning such testimony, including any preparation or other work performed in association with giving such testimony. The total testimony and preparation time fees of a privately paid CFI shall not exceed this pr esumptive $500 cap unless prior C ourt approval is obtained in the form of a written order with specific findings concerning the extraordinary circumstances that justify the excess fees. 3. Hourly Rate. Every order appointing a privately paid CFI shall sta CFI charges one rate for investigative and reporting work and another rate for testimony and preparation time, the CFI appointment order shall state both hourly rates. B. State Paid CFIs. CJD 04 - 05 establishes t he maximum hourly rate and maximum total fee per appointment. The Office of the State Court Administrator compensates CFIs in matters in which the C ourt ha s found one or more of the parties to be indigent. State paid CFIs seeking fees that exceed the maximum total f ee m ust comply with the approval procedures set forth in CJD 04 - 05. C. Payment of Fees and Costs . After considering the financial resources and/or other equitable circumstances of the parties, the Court apportions the payment of the fee of the CFI as fol lows: No party is indigent. The CFI will be paid a retainer of $ to be applied to an hourly rate of $, no later than ( date). The CFI shall bill the hourly rate against the retainer . Any fees and costs in excess of the r etainer, up to the maximum set forth above or otherwise ordered, shall be apportioned as set forth below and shall be paid within 30 days of the date billed, unless otherwise ordered by the C ourt or agreed in writing between the parties. The Petitioner wi ll pay the CFI the amount of $ or % by that date. The Co - Petitioner/Respondent will pay the CFI the amount of $ or % by that date. The Court finds that both parties are indigent. Both the Petitioner and Co - Petitioner/R espondent have completed JDF 208 and are indigent in accordance with the requirements of CJD 04 - 05 . The Court therefore orders the fees and costs of the CFI to be borne by the State pursuant to the procedu

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