Will the New Child and Family Investigation Guidelines Hinder the Process?

When Colorado’s Supreme Court amended the Child and Family Investigation (CFI) guidelines earlier this year, the court drastically limited the amount that could be charged for the CFI investigation and the ensuing report, among other significant amendments. While no one doubts that the drafters' intentions were valid, those conducting the investigations have concerns that they will not be able to devote the time necessary to evaluate serious issues. Cutting costs will mean reducing the amount of hours that can be dedicated to the case, and a less than thorough investigation ultimately raises ethical concerns for the CFI. If CFI's cut costs by limiting the number of documents they review and the number of interviews conducted, families with high levels of conflict will not be properly served and children who have been negatively impacted will not be protected.

Child and Family Investigator (CFI)

Formerly referred to as a "Special Advocate", the role of the Child and Family Investigator (CFI) was created in July of 2005 by the Colorado Revised statutes.  The function of a CFI is to investigate the family dynamics in an effort to determine the best interests of the child. The CFI, usually an attorney or a mental health professional with the appropriate training and qualifications, is appointed by a court at the request of one of the parties in a divorce or custody case to assist in the determination of the allocation of parental responsibilities. As a neutral third party, the CFI does not represent either party in the divorce action, and is not the legal representative of the child.

CFI Responsibilities

The primary responsibility of the CFI is to file a written report of their findings, and make recommendations to the court to be used in the determination of the parenting plan. The process of the CFI’s investigation typically involves meetings with each parent, the child, and any and all other significant parties to the case. Although the determination of parenting time is not bound by the child’s wishes, it is required that their requests are set forth in the final report. The scope of the CFI also includes the evaluation of all relevant data associated with the matter in order to conclude the assessment. The cost of a CFI investigation and the written report is generally shared by both parties.

Amendments to the CFI Guidelines

In an effort to streamline the investigative process, in April of 2011, the CFI Guidelines were amended by the Colorado Supreme Court. The amendments reflect Chief Justice Michael L. Bender’s decisions based on recommendations submitted by The Supreme Court Standing Committee on Family Issues. Changes to the guidelines may also have been based on consistent inquiries regarding the cost of the investigation, the intrusiveness of the process, and the suitability of utilizing the services of non-judicial personnel.

The following changes were made to the CFI procedures:

These new rules could mean that those who serve as CFI’s will no longer be able to provide their services because they can longer do so in an ethical manner. If CFIs believe that the amendments limit their ability to serve families and the courts, continuing to do so would put their careers, reputations, and professional licenses at risk. Ultimately, if qualified experts continue to withdraw from the process, it is the children of the State of Colorado who will suffer most.

Rich Harris, Esq

President of The Harris Law Firm