House Committee of Reference Report
Committee on Judiciary
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March 31, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1309 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 4, line 5, strike "pain." and substitute "pain;".
Page 1, Line 2Page 4, after line 5 insert:
Page 1, Line 3"(m) The National Council of Juvenile and Family Court Judges
Page 1, Line 4has drafted a model code on domestic and family violence. That model
Page 1, Line 5code provides courts with clear guidance and standards to address
Page 1, Line 6domestic violence in determinations concerning the allocation of parental
Page 1, Line 7responsibilities to ensure consistent application and protection of victims
Page 1, Line 8and children.".
Page 1, Line 9Page 8, strike lines 19 and 20 and substitute:
Page 1, Line 10"SECTION 3. In Colorado Revised Statutes, 14-10-124, amend
Page 1, Line 11(1.5)(a) introductory portion, (1.5)(a)(III.5), and (1.5)(b) introductory
Page 1, Line 12portion; repeal (1.3) and (4); and add (1.4), (1.5)(c), and (1.6) as
Page 1, Line 13follows:".
Page 1, Line 14Page 10, strike lines 22 through 27 and substitute:
Page 1, Line 15"(1.4) (a) If a party claims, or the court has reason to
Page 1, Line 16believe, that a party has committed domestic violence, child
Page 1, Line 17abuse or neglect, or sexual assault that resulted in the
Page 1, Line 18conception of a child, the court shall determine, by a
Page 1, Line 19preponderance of the evidence, whether a party has committed
Page 1, Line 20domestic violence, child abuse or neglect, or sexual assault
Page 1, Line 21that resulted in the conception of a child, and make findings on
Page 1, Line 22the record concerning its determination, including any evidence
Page 1, Line 23relied upon in making its determination and the reasons for its
Page 1, Line 24determination.
Page 1, Line 25(b) When determining whether domestic violence, child
Page 2, Line 1abuse or neglect, or sexual assault that resulted in the
Page 2, Line 2conception of a child has occurred, the court shall consider any
Page 2, Line 3relevant and admissible evidence of domestic violence, child
Page 2, Line 4abuse or neglect, or sexual assault that resulted in the
Page 2, Line 5conception of a child.
Page 2, Line 6(1.5) Allocation of parental responsibilities. The court shall
Page 2, Line 7determine the allocation of parental responsibilities, including parenting
Page 2, Line 8time and decision-making responsibilities, in accordance with the best
Page 2, Line 9interests of the child, giving paramount consideration to the child's safety
Page 2, Line 10and the physical, mental, and emotional conditions and needs of the child
Page 2, Line 11as follows:
Page 2, Line 12(a) Determination of parenting time. The court, upon the motion
Page 2, Line 13of either party or upon its own motion, may make provisions for parenting
Page 2, Line 14time that the court finds are in the best interests of the child, with the
Page 2, Line 15child's safety always paramount, unless the court finds, after a hearing,
Page 2, Line 16that parenting time by the party would endanger the child's physical health
Page 2, Line 17or significantly impair the child's emotional development. In addition to
Page 2, Line 18a finding that parenting time would endanger the child's physical health
Page 2, Line 19or significantly impair the child's emotional development, in any order
Page 2, Line 20imposing or continuing a parenting time restriction, the court shall
Page 2, Line 21enumerate the specific factual findings supporting the restriction,
Page 2, Line 22including findings related to domestic violence, child abuse or neglect,
Page 2, Line 23sexual assault that resulted in the conception of a child, and or
Page 2, Line 24child sexual abuse, and may enumerate the conditions that the restricted
Page 2, Line 25party could fulfill in order to seek modification in the parenting plan.
Page 2, Line 26When a claim of child abuse or neglect, domestic violence, or sexual
Page 2, Line 27assault where there is also a claim that the child was conceived as a result
Page 2, Line 28of the sexual assault has been made to the court, or the court has reason
Page 2, Line 29to believe that a party has committed child abuse or neglect, domestic
Page 2, Line 30violence, or sexual assault where there is also a claim that the child was
Page 2, Line 31conceived as a result of the sexual assault, prior to determining parenting
Page 2, Line 32time, the court shall follow the provisions of subsection (4) of this
Page 2, Line 33section. In determining the best interests of the child for purposes of
Page 2, Line 34parenting time, the court shall consider all relevant factors, including:
Page 2, Line 35(III.5) Any evidence of domestic violence, child abuse or
Page 2, Line 36neglect, or sexual assault that resulted in the conception of a
Page 2, Line 37child, or any report related to domestic violence, child abuse or
Page 2, Line 38neglect, or sexual assault that resulted in the conception of a
Page 2, Line 39child, that is submitted to the court by a child and family investigator, if
Page 2, Line 40one is appointed pursuant to section 14-10-116.5; a professional parental
Page 2, Line 41responsibilities evaluator, if one is appointed pursuant to section
Page 2, Line 4214-10-127; or a legal representative of the child, if one is appointed
Page 2, Line 43pursuant to section 14-10-116. The court may consider other testimony
Page 3, Line 1regarding domestic violence, child abuse or neglect, or sexual
Page 3, Line 2assault that resulted in the conception of a child from the parties,
Page 3, Line 3experts, therapists for any parent or child, the department of human
Page 3, Line 4services, parenting time supervisors, school personnel, or other lay
Page 3, Line 5witnesses.
Page 3, Line 6(b) Allocation of decision-making responsibility. The court,
Page 3, Line 7upon the motion of either party or its own motion, shall allocate the
Page 3, Line 8decision-making responsibilities between the parties based upon the best
Page 3, Line 9interests of the child. In determining decision-making responsibility, the
Page 3, Line 10court may allocate the decision-making responsibility with respect to each
Page 3, Line 11issue affecting the child mutually between both parties or individually to
Page 3, Line 12one or the other party or any combination thereof. When a claim of child
Page 3, Line 13abuse or neglect or domestic violence has been made to the court, or the
Page 3, Line 14court has reason to believe that a party has committed child abuse or
Page 3, Line 15neglect, domestic violence, or sexual assault where there is also a claim
Page 3, Line 16that the child in question was conceived as a result of the sexual assault,
Page 3, Line 17prior to allocating decision-making responsibility, the court shall follow
Page 3, Line 18the provisions of subsection (4) of this section. In determining the best
Page 3, Line 19interests of the child for purposes of allocating decision-making
Page 3, Line 20responsibilities, the court shall consider, in addition to the factors set forth
Page 3, Line 21in paragraph (a) of this subsection (1.5) subsection (1.5) of this
Page 3, Line 22section, all relevant factors, including:
Page 3, Line 23(c) (I) If a court determines by a preponderance of the
Page 3, Line 24evidence that a party has committed domestic violence, child
Page 3, Line 25abuse or neglect, or sexual assault that resulted in the
Page 3, Line 26conception of a child, it is not in the best interests of the child
Page 3, Line 27to allocate mutual decision-making responsibility over the
Page 3, Line 28objection of the other party or the legal representative of the
Page 3, Line 29child unless the court finds that there is credible evidence of
Page 3, Line 30the ability of the parties to make decisions cooperatively in the
Page 3, Line 31best interests of the child in a manner that is safe for the abused
Page 3, Line 32party and the child; and
Page 3, Line 33(II) The court shall not appoint a parenting coordinator
Page 3, Line 34solely to ensure that mutual decision-making can be
Page 3, Line 35accomplished.
Page 3, Line 36(1.6) (a) If a court determines by a preponderance of the
Page 3, Line 37evidence that a party has committed domestic violence, child
Page 3, Line 38abuse or neglect, or sexual assault that resulted in the
Page 3, Line 39conception of a child, the court shall consider as the primary
Page 3, Line 40concern the safety and well-being of the child and the abused
Page 3, Line 41party and conditions on parenting time that ensure the safety
Page 3, Line 42of the child and abused party, giving paramount consideration
Page 3, Line 43to the safety and the physical, mental, and emotional conditions
Page 4, Line 1and needs of the child and abused party. The parenting plan for
Page 4, Line 2a case described in this subsection (1.6) may include, but is not
Page 4, Line 3limited to, the following:
Page 4, Line 4(I) An order limiting contact between the parties to
Page 4, Line 5contact that the court deems is safe and that minimizes
Page 4, Line 6unnecessary communication between the parties;
Page 4, Line 7(II) An order that requires the exchange of the child for
Page 4, Line 8parenting time to occur in a protected setting determined by the
Page 4, Line 9court;
Page 4, Line 10(III) An order for supervised parenting time;
Page 4, Line 11(IV) An order restricting overnight parenting time;
Page 4, Line 12(V) An order that restricts the party who has committed
Page 4, Line 13domestic violence, child abuse or neglect, or sexual assault
Page 4, Line 14that resulted in the conception of a child from possessing or
Page 4, Line 15consuming alcohol or controlled substances during parenting
Page 4, Line 16time or for twenty-four hours prior to the commencement of
Page 4, Line 17parenting time;
Page 4, Line 18(VI) An order directing that the address of the child or
Page 4, Line 19of any party remain confidential;
Page 4, Line 20(VII) An order that imposes any other condition on one or
Page 4, Line 21more parties that the court determines is necessary to protect
Page 4, Line 22the child, another party, or any other family or household
Page 4, Line 23member of a party; and
Page 4, Line 24(VIII) An order that requires child support payments to be
Page 4, Line 25made through the child support registry to avoid the need for
Page 4, Line 26any related contact between the parties and an order that the
Page 4, Line 27payments be treated as a nondisclosure of information case.
Page 4, Line 28(b) When the court finds by a preponderance of the
Page 4, Line 29evidence that one of the parties has committed domestic
Page 4, Line 30violence, child abuse or neglect, or sexual assault that
Page 4, Line 31resulted in the conception of a child, the court may order the
Page 4, Line 32party to submit to a domestic violence evaluation. If the court
Page 4, Line 33determines, based upon the results of the evaluation, that
Page 4, Line 34treatment is appropriate, the court may order the party to
Page 4, Line 35participate in domestic violence treatment. At any time, the
Page 4, Line 36court may require a subsequent evaluation to determine
Page 4, Line 37whether additional treatment is necessary. If the court awards
Page 4, Line 38parenting time to a party who has been ordered to participate in
Page 4, Line 39domestic violence treatment, the court may order the party to
Page 4, Line 40obtain a report from the treatment provider concerning the
Page 4, Line 41party's progress in treatment and addressing any ongoing
Page 4, Line 42safety concerns regarding the party's parenting time. The court
Page 4, Line 43may order the party who has committed domestic violence, child
Page 5, Line 1abuse or neglect, or sexual assault that resulted in the
Page 5, Line 2conception of a child to pay the costs of the domestic violence
Page 5, Line 3evaluations and treatment.
Page 5, Line 4(c) If the court finds by a preponderance of the evidence
Page 5, Line 5that a party has committed domestic violence, child abuse or
Page 5, Line 6neglect, or sexual assault that resulted in the conception of a
Page 5, Line 7child, the court shall consider whether it is in the best interests
Page 5, Line 8of the child to prohibit or limit the parenting time of that party
Page 5, Line 9with the child.
Page 5, Line 10(d) If a party is absent or leaves home because of domestic
Page 5, Line 11violence, child abuse or neglect, or sexual assault that
Page 5, Line 12resulted in the conception of a child committed by the other
Page 5, Line 13party, the absence or leaving is not a factor in determining the
Page 5, Line 14best interests of the child.
Page 5, Line 15(4) (a) When a claim of child abuse or neglect, domestic violence,
Page 5, Line 16or sexual assault where there is also a claim that the child was conceived
Page 5, Line 17as a result of the sexual assault has been made to the court, or the court
Page 5, Line 18has reason to believe that a party has committed child abuse or neglect,
Page 5, Line 19domestic violence, or sexual assault that resulted in the conception of the
Page 5, Line 20child, prior to allocating parental responsibilities, including parenting
Page 5, Line 21time and decision-making responsibility, and prior to considering the
Page 5, Line 22factors set forth in paragraphs (a) and (b) of subsection (1.5) of this
Page 5, Line 23section, the court shall consider the following factors:
Page 5, Line 24(I) Whether one of the parties has committed an act of child abuse
Page 5, Line 25or neglect as defined in section 18-6-401, C.R.S., or as defined under the
Page 5, Line 26law of any state, which factor must be supported by a preponderance of
Page 5, Line 27the evidence. If the court finds that one of the parties has committed child
Page 5, Line 28abuse or neglect, then it shall not be in the best interests of the child to
Page 5, Line 29allocate mutual decision-making with respect to any issue over the
Page 5, Line 30objection of the other party or the legal representative of the child.
Page 5, Line 31(II) Whether one of the parties has committed an act of domestic
Page 5, Line 32violence, has engaged in a pattern of domestic violence, or has a history
Page 5, Line 33of domestic violence, which factor must be supported by a preponderance
Page 5, Line 34of the evidence. If the court finds by a preponderance of the evidence that
Page 5, Line 35one of the parties has committed domestic violence:
Page 5, Line 36(A) It shall not be in the best interests of the child to allocate
Page 5, Line 37mutual decision-making responsibility over the objection of the other
Page 5, Line 38party or the legal representative of the child, unless the court finds that
Page 5, Line 39there is credible evidence of the ability of the parties to make decisions
Page 5, Line 40cooperatively in the best interest of the child in a manner that is safe for
Page 5, Line 41the abused party and the child; and
Page 5, Line 42(B) The court shall not appoint a parenting coordinator solely to
Page 5, Line 43ensure that mutual decision-making can be accomplished.
Page 6, Line 1(III) Whether one of the parties has committed an act of sexual
Page 6, Line 2assault resulting in the conception of the child, which factor must be
Page 6, Line 3supported by a preponderance of the evidence. If the court finds by a
Page 6, Line 4preponderance of the evidence that one of the parties has committed
Page 6, Line 5sexual assault and the child was conceived as a result of the sexual
Page 6, Line 6assault, there is a rebuttable presumption that it is not in the best interests
Page 6, Line 7of the child to allocate sole or split decision-making authority to the party
Page 6, Line 8found to have committed sexual assault or to allocate mutual
Page 6, Line 9decision-making between a party found to have committed sexual assault
Page 6, Line 10and the party who was sexually assaulted with respect to any issue.
Page 6, Line 11(IV) If one of the parties is found by a preponderance of the
Page 6, Line 12evidence to have committed sexual assault resulting in the conception of
Page 6, Line 13the child, whether it is in the best interests of the child to prohibit or limit
Page 6, Line 14the parenting time of that party with the child.
Page 6, Line 15(b) The court shall consider the additional factors set forth in
Page 6, Line 16paragraphs (a) and (b) of subsection (1.5) of this section in light of any
Page 6, Line 17finding of child abuse or neglect, domestic violence, or sexual assault
Page 6, Line 18resulting in the conception of a child pursuant to this subsection (4).
Page 6, Line 19(c) If a party is absent or leaves home because of an act or
Page 6, Line 20threatened act of domestic violence committed by the other party, such
Page 6, Line 21absence or leaving shall not be a factor in determining the best interests
Page 6, Line 22of the child.
Page 6, Line 23(d) When the court finds by a preponderance of the evidence that
Page 6, Line 24one of the parties has committed child abuse or neglect, domestic
Page 6, Line 25violence, or sexual assault resulting in the conception of the child, the
Page 6, Line 26court shall consider, as the primary concern, the safety and well-being of
Page 6, Line 27the child and the abused party.
Page 6, Line 28(e) When the court finds by a preponderance of the evidence that
Page 6, Line 29one of the parties has committed child abuse or neglect, domestic
Page 6, Line 30violence, or sexual assault resulting in the conception of the child, in
Page 6, Line 31formulating or approving a parenting plan, the court shall consider
Page 6, Line 32conditions on parenting time that ensure the safety of the child and abused
Page 6, Line 33party, giving paramount consideration to the safety and the physical,
Page 6, Line 34mental, and emotional conditions and needs of the child and abused party.
Page 6, Line 35In addition to any provisions set forth in subsection (7) of this section that
Page 6, Line 36are appropriate, the parenting plan in these cases may include, but is not
Page 6, Line 37limited to, the following provisions:
Page 6, Line 38(I) An order limiting contact between the parties to contact that
Page 6, Line 39the court deems is safe and that minimizes unnecessary communication
Page 6, Line 40between the parties;
Page 6, Line 41(II) An order that requires the exchange of the child for parenting
Page 6, Line 42time to occur in a protected setting determined by the court;
Page 6, Line 43(III) An order for supervised parenting time;
Page 7, Line 1(IV) An order restricting overnight parenting time;
Page 7, Line 2(V) An order that restricts the party who has committed domestic
Page 7, Line 3violence, sexual assault resulting in the conception of the child, or child
Page 7, Line 4abuse or neglect from possessing or consuming alcohol or controlled
Page 7, Line 5substances during parenting time or for twenty-four hours prior to the
Page 7, Line 6commencement of parenting time;
Page 7, Line 7(VI) An order directing that the address of the child or of any
Page 7, Line 8party remain confidential;
Page 7, Line 9(VII) An order that imposes any other condition on one or more
Page 7, Line 10parties that the court determines is necessary to protect the child, another
Page 7, Line 11party, or any other family or household member of a party; and
Page 7, Line 12(VIII) An order that requires child support payments to be made
Page 7, Line 13through the child support registry to avoid the need for any related contact
Page 7, Line 14between the parties and an order that the payments be treated as a
Page 7, Line 15nondisclosure of information case.
Page 7, Line 16(f) When the court finds by a preponderance of the evidence that
Page 7, Line 17one of the parties has committed domestic violence, the court may order
Page 7, Line 18the party to submit to a domestic violence evaluation. If the court
Page 7, Line 19determines, based upon the results of the evaluation, that treatment is
Page 7, Line 20appropriate, the court may order the party to participate in domestic
Page 7, Line 21violence treatment. At any time, the court may require a subsequent
Page 7, Line 22evaluation to determine whether additional treatment is necessary. If the
Page 7, Line 23court awards parenting time to a party who has been ordered to participate
Page 7, Line 24in domestic violence treatment, the court may order the party to obtain a
Page 7, Line 25report from the treatment provider concerning the party's progress in
Page 7, Line 26treatment and addressing any ongoing safety concerns regarding the
Page 7, Line 27party's parenting time. The court may order the party who has committed
Page 7, Line 28domestic violence to pay the costs of the domestic violence evaluations
Page 7, Line 29and treatment.".
Page 7, Line 30Strike pages 11 and 12.
Page 7, Line 31Page 13, strike lines 1 through 21.
Page 7, Line 32Page 15, strike line 18 and substitute:
Page 7, Line 33"(2) introductory portion, (2)(c) introductory portion, and (2.5)(a)
Page 7, Line 34introductory portion as follows:".
Page 7, Line 35Page 16, after line 16 insert:
Page 7, Line 36"(2.5) (a) When the court restricts a party's parenting time
Page 7, Line 37pursuant to section 19-5-105.5, C.R.S., or section 19-5-105.7, C.R.S., or
Page 7, Line 38section 14-10-124 (4)(a)(IV) or section 14-10-124 (1.6), the court may
Page 7, Line 39make or modify an order granting or denying parenting time rights
Page 8, Line 1whenever such order or modification would serve the best interests of the
Page 8, Line 2child. Within thirty-five days after the filing of a verified motion by the
Page 8, Line 3restricted party seeking a modification of parenting time, the court shall
Page 8, Line 4determine from the verified motion, and response to the motion, if any,
Page 8, Line 5whether there has been a substantial and continuing change of
Page 8, Line 6circumstances such that the current parenting time orders are no longer
Page 8, Line 7in the child's best interests, including consideration of whether the
Page 8, Line 8restricted parent has satisfactorily complied with any conditions set forth
Page 8, Line 9by the court when the court imposed the restrictions on parenting time,
Page 8, Line 10and either:".