C.R.S. ' 14-10-116.5 (1). The court may, upon the motion of either party or upon its own motion, appoint an individual to serve the court as a child and family investigator pursuant to subsection (2) of this section in a domestic relations proceeding that involves allocation of parental responsibilities. The court shall set forth the duties of such individual in a written order of appointment. The same person may not serve as both the legal representative of the child pursuant to section 14-10-116 and as the child and family investigator for the court pursuant to
this section.
A Child and Family Investigator (CFI) is appointed by a judge or magistrate to investigate and make recommendations based solely on the best interests of the child(ren) involved in a case. The CFI does not represent or advocate for any parent or party, focusing instead on the needs and well-being of the child(ren). They work under specific instructions provided by the court, which outline the scope of the investigation. Although a CFI might be a licensed attorney, they do not function as one in this role. Instead, their responsibility is to conduct a thorough investigation and file a written report with the court, presenting recommendations based on their findings. Additionally, the CFI is required to communicate the wishes of the child(ren) to the court if such wishes are expressed during the investigation.
The CFI’s involvement is intended to be brief and focused. They are selected from a list of state-approved providers and will tailor their investigation to the specific case. Typically, a CFI will meet with each parent or party seeking relief, as well as the child(ren). These interviews may take place in the child’s home or the CFI’s office. Depending on the child’s age and needs, as well as case circumstances, the CFI will also visit each parent’s home. After completing the investigation, the CFI prepares a written report for the court and distributes copies to the parties, either directly or through their attorneys.
The CFI may contact third parties (such as teachers, counselors, or family members) who can provide relevant information about the child(ren) or family. This information is included in the CFI’s report. If necessary, the scope or duration of the CFI’s investigation can be extended by court order, based on a request from the CFI or an agreement between the parties.
Based on their investigation, the CFI provides recommendations to the court that they believe are in the child(ren)’s best interests. These may include decisions regarding legal decision-making authority, parenting time, family counseling, therapeutic interventions, mediation, or other measures deemed necessary for the well-being of the child(ren).
Colorado Forensic Family Advocacy
JCH Clinical Services & Consulting Firm, LLC.
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