El Paso County, Colorado , 4th Judicial District

Document Sample
El Paso County, Colorado , 4th Judicial District Powered By Docstoc
					 El Paso County, Colorado , 4th Judicial District
 Court address: 270 S Tejon
               Colorado Springs, CO 80903
 Phone Number: (719) 448-7650

 In Re the Marriage of:
 Petitioner:

 And                                                                   Court Use Only

 Respondent
 Attorney or Party without Attorney(Name and Address):                Case Number:

 Phone Number:                 Email:
 FAX Number:                   Atty.Reg#:                             Division       Courtroom
                ORDER APPOINTING CASA® Child and Family Investigator
THIS MATTER is before the Court on the___Court’s motion,___ Petitioner’s motion,___Co-
Petitoner-Respondent’s motion or___the parties stipulation for the appointment of a CASA Child and
Family Investigator (CFI) pursuant to C.R.S. 14-10-116.5.

The Court Appoints as CFI:

A CASA volunteer under the direct supervision of:
Sunni Ball, MA CFI or Mary Houchin, MA CFI
CASA of the Pikes Peak Region
701 S. Cascade Avenue
Colorado Springs, Colorado 80903              Phone: 719-447-9898 ext 1019
Fax: 719-667-1818                             Email: sunnib@casappr.org

The CFI shall comply with the requirements of any applicable Chief Justice Directive(s).

The Children are:

____________________________________, and _____________________________________
                                DOB                                   DOB
____________________________________, and _____________________________________
                                DOB                                    DOB

Information about the Petitioner:                    Date of Birth: _________________________

Name: _____________________________             Attorney: _________________________________

Current Mailing Address: __________________________________________________________

City & Zip: _____________________________________________

Home Phone #: _________________ Work Phone #:_______________ Cell #: ________________

Email Address: ________________________________________

SSN: _____________________________________

Amended Order Appointing CASA CFI 4/22/2011 per Amended CJD 04-08




                                                     1
Information about the Co-Petitioner/Respondent Date of Birth: _________________________

Name: _____________________________            Attorney: _________________________________

Current Mailing Address: __________________________________________________________

City & Zip: _____________________________________________

Home Phone #: _________________ Work Phone #:_______________ Cell #: ________________

Email Address: __________________________________________

SSN: _____________________________________

Protection/Restraining Orders:

There ___is ____is not a protection/restraining order in place: case#/district_____________________
The person restrained is: ____________________. If this box is checked: ___ the parties may meet
together with the CASA, if the CASA so directs, without violating this Order.

Responsibilities of the CFI :

    1. The CFI shall comply with the applicable provisions set forth in Chief Justice Directives 04-
       05, 04-06 and 04-08, as subsequently amended, and with the requirements of CRS 14-10-
       116.5. The CFI shall not also serve as the Child’s Legal Representative pursuant to CRS 14-
       10-116(2).

    2. The CFI shall investigate, report and make recommendations on any issues that affect, or may
       affect the best interests of the minor or dependent child(ren), as that term is described in CRS
       14-10-124. The CFI may be called to testify as to his/her recommendations.

    3. The CFI shall investigate and fact find the issues affecting the following specific decisions:

        ___ Allocation or modification of parenting time
        ___ Allocation or modification of decision-making responsibilities.
        ___ Relocation of the primary residential parent
        ___ Educational Issues
        ___ Removal from the State of Colorado
        ___ Other: __________________________________________________________________

    4. In investigating the allocation of parental responsibilities, the CFI shall consider, in addition
       to the criteria listed in the CFI Standards, the following issues specific to this case:

        ___ Drug/Alcohol abuse
        ___ Domestic Violence
        ___ Alleged Child Abuse/Neglect
        ___ Special Needs of a parent or child
        ___ Other issues as described herein:_____________________________________________
        ___________________________________________________________________________

    5. The CFI shall not conduct psychological testing or drug or alcohol evaluations. If the CFI
       believes any such testing or evaluation would be a benefit to the parties and/ child(ren) and
       would assist the court, the CFI shall include this information in his/her report to the court.



                                                    2
        Such testing may be conducted by further order of the court by a professional other than the
        CFI.

    6. No services of other professionals shall be provided unless agreed unless agreed to by the
       parties or ordered by the Court; except that each party may obtain individual therapy for
       him/herself at any time.

    7. 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 this hearing ___in person ___by telephone at this number_____________.

        ___A hearing for this case will be set at a later date. The Court should allow CASA a
        minimum of 120 days to complete the evaluation and report.

Responsibilities of the Parties:

    1. Each party or their counsel shall initiate contact with the CFI within 10 days from the date of
       receipt of notification of appointment of the CFI in order to insure the CFI has correct contact
       information and a copy of the order 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
       Court a party’s cooperation or lack of cooperation.

    2. The parties shall provide the CFI with all court orders addressing matters of parenting time or
       parental rights and responsibilities on or after the effective date of this order, and all
       documentation (such as previous filings, police records, DHS records, medical records, etc)
       currently in the Court file that will assist the CFI in his/her investigation.

    3. The parties or their counsel are responsible for providing information concerning other cases
       which have a relationship to this case when requested to do so by the CFI.

Release of Confidential Information:

The parties shall sign all releases necessary to allow the CFI to properly conduct his/her
investigations; and the CFI may request the Court to issue any other necessary order for the release of
information.

Modification or Termination of the CFI’s Appointment:
The Court shall maintain the discretion to modify or terminate this appointment at any time during the
proceedings. This appointment shall terminate upon the following unless otherwise ordered by the
Court:
        ___ when the CFI’s final report has been filed with the Court.
        ___ upon entry and the Court’s signature of Permanent Orders in this case.
        ___ When motions have been resolved by the entry of orders in this post-decree issue.
        ___ other: ___________________________________________________________

Payment of Costs and Fees in Favor of the CFI

The 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 of the child(ren).




                                                   3
For all CFI’s other than state paid CFI’s, the total fees and costs of the CFI shall not exceed $2,000
without further order of the court setting forth specific findings of extraordinary circumstances
justifying additional fees and costs. If the court is approving a higher amount at the time of this order
a separate order must be attached containing said findings. State paid attorney CFI fees in excess of
the presumptive maximum fee set by the Office of the Child’s Representative (OCR) must comply
with the OCR’s billing policies and procedures. State paid non-attorney CFI fees must comply with
CJD 04-05.

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 follows:

___No party is indigent. The CFI in this case charges on a sliding scale based upon the Federal
Poverty guidelines. Proof of income in order to determine the fee must be provided to CASA
within two weeks of this order. Failure to provide proof of income within the two week period
will result in the parties being charged the maximum CASA CFI fee of $1050. This fee covers
the first 24 hours of evaluation and report writing. Should the time spent on the evaluation
require additional time, there will be an hourly rate charged. However, total fees will not exceed
$2,000 as mandated by CJD 04-08, Section III. Once proof of income has been submitted and
income determined, the CFI fee will be defined for the parties. CFI fees shall be apportioned as
set forth below and shall be paid within 30 days of the date billed, unless otherwise ordered by
the Court or agreed in writing between the parties.
         ___ The petitioner will pay the CFI percentage of ______% by that date.
         ___ The Co-Petitioner/Respondent will pay the CFI percentage of _____% by that date.

___The Court finds that both parties are indigent. Both the petitioner and Co-
petitioner/respondent have completed the required JDF 208 form, and are indigent. No fee will
be charged.

___The Court finds that one party ___________________(name of party) is indigent.

___The non-indigent party _______________________(name of party) shall pay the CFI a flat
fee of ______% to be applied to the 24 hour fee, with an hourly rate overage to be determined by
the party’s income, no later than ______________(date). If an hourly rate is added once the first
24 hours of service are rendered, this fee shall be paid within 30 days of the date billed, unless
otherwise ordered by the Court.

The Court maintains the discretion to reallocate the apportionment of fees at permanent orders of the
post-decree final orders.

 The CFI shall not commence the Court’s investigation until the CFI fee is paid in full and the
CFI shall apprise the Court within 10 days of his/her inability to proceed with the case because
of non-payment. Upon notification to the Court, the Court may set a forthwith hearing which
will require the mandatory appearance of the non-paying pary (ies). Failure of either party to
comply with this order may result in sanctions by the Court, up to six months in the County Jail,
or a $1,000 fine.




                                                    4
Dated: ________________________   BY THE COURT:



                                  _________________________________________
                                  ___ District Court Judge
                                  ___ District Court Magistrate




                                        5
                                  CERTIFICATE OF SERVICE

I certify that on ________________________ (date), a copy of this Court Order Appointing a CFI
was faxed, emailed, e-filed, or hand-delivered to the following:

___ Attorney for the Petitioner or Petitioner Pro Se

___ Attorney for the Respondent or Respondent Pro Se

___ Sunni Ball, CASA CFI

___   Other______________________________________



                         ___________________________
                                                         Clerk




                                                  6

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:49
posted:7/17/2012
language:English
pages:6