A Bill for an Act
Page 1, Line 101Concerning legal protections for the dignity of a minor,
Page 1, Line 102and, in connection therewith, suppressing a court
Page 1, Line 103record associated with changing a minor's name and
Page 1, Line 104requiring the court to consider as a relevant factor
Page 1, Line 105when determining parenting time and allocation of
Page 1, Line 106decision-making responsibility whether the minor's
Page 1, Line 107parent recognizes the child's identity as it relates to
Page 1, Line 108a protected class.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires the court to suppress a record associated with a petition seeking to change the name of a petitioner who is less than 18 years of age unless the petitioner was previously convicted of a felony. The bill authorizes the court to use the suppressed court record for administrative purposes, but the court is prohibited from publishing the petitioner's name or the petitioner's new name online. The bill authorizes an individual to access a suppressed court record without a court order if the individual obtains verbal consent from a party to the case and submits an affidavit to the court, upon penalty of perjury, that the individual has obtained the verbal consent.
In determining parenting time and the allocation of decision-making responsibility, the bill requires the court to consider whether the parties recognize the child's identity as it relates to a protected class.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 13-15-101, add (7)
Page 2, Line 3as follows:
Page 2, Line 413-15-101. Petition - proceedings - applicability - definition.
Page 2, Line 5(7) (a) As used in this subsection (7), "suppressed court
Page 2, Line 6record" means a court record that is only accessible to judges;
Page 2, Line 7court staff; a party to the case, including a party's attorney;
Page 2, Line 8authorized judicial department staff; and an individual with a
Page 2, Line 9valid court order authorizing access to the court record.
Page 2, Line 10(b) (I) If a petitioner is under eighteen years old, a court
Page 2, Line 11record associated with a petition seeking to change the
Page 2, Line 12petitioner's name is a suppressed court record. The suppressed
Page 2, Line 13court record may be used by the court for administrative
Page 2, Line 14purposes, but the court shall not under any circumstance
Page 2, Line 15publish the petitioner's name or the petitioner's new name online.
Page 2, Line 16(II) This subsection (7)(b) does not apply if the name
Page 3, Line 1change is granted pursuant to subsection (3) of this section and
Page 3, Line 2the good cause described in subsection (3)(b)(II) of this section
Page 3, Line 3applies.
Page 3, Line 4(c) A court shall issue an order authorizing an individual
Page 3, Line 5access to a suppressed court record if the individual obtains
Page 3, Line 6verbal consent from a party to the case and submits an affidavit
Page 3, Line 7to the court, under penalty of perjury, that the individual has
Page 3, Line 8obtained the verbal consent.
Page 3, Line 9SECTION 2. In Colorado Revised Statutes, 14-10-124, amend
Page 3, Line 10(1.5)(b) introductory portion; and add (1.5)(a)(XII) and (1.5)(b)(VI) as
Page 3, Line 11follows:
Page 3, Line 1214-10-124. Best interests of the child.
Page 3, Line 13(1.5) Allocation of parental responsibilities. The court shall
Page 3, Line 14determine the allocation of parental responsibilities, including parenting
Page 3, Line 15time and decision-making responsibilities, in accordance with the best
Page 3, Line 16interests of the child, giving paramount consideration to the child's safety
Page 3, Line 17and the physical, mental, and emotional conditions and needs of the child
Page 3, Line 18as follows:
Page 3, Line 19(a) Determination of parenting time. The court, upon the motion
Page 3, Line 20of either party or upon its own motion, may make provisions for parenting
Page 3, Line 21time that the court finds are in the best interests of the child, with the
Page 3, Line 22child's safety always paramount, unless the court finds, after a hearing,
Page 3, Line 23that parenting time by the party would endanger the child's physical health
Page 3, Line 24or significantly impair the child's emotional development. In addition to
Page 3, Line 25a finding that parenting time would endanger the child's physical health
Page 3, Line 26or significantly impair the child's emotional development, in any order
Page 3, Line 27imposing or continuing a parenting time restriction, the court shall
Page 4, Line 1enumerate the specific factual findings supporting the restriction,
Page 4, Line 2including findings related to domestic violence, child abuse, and child
Page 4, Line 3sexual abuse, and may enumerate the conditions that the restricted party
Page 4, Line 4could fulfill in order to seek modification in the parenting plan. When a
Page 4, Line 5claim of child abuse or neglect, domestic violence, or sexual assault
Page 4, Line 6where there is also a claim that the child was conceived as a result of the
Page 4, Line 7sexual assault has been made to the court, or the court has reason to
Page 4, Line 8believe that a party has committed child abuse or neglect, domestic
Page 4, Line 9violence, or sexual assault where there is also a claim that the child was
Page 4, Line 10conceived as a result of the sexual assault, prior to determining parenting
Page 4, Line 11time, the court shall follow the provisions of subsection (4) of this
Page 4, Line 12section. In determining the best interests of the child for purposes of
Page 4, Line 13parenting time, the court shall consider all relevant factors, including:
Page 4, Line 14(XII) Subject to constitutional limitations, whether the
Page 4, Line 15parties recognize the child's identity as it relates to a protected
Page 4, Line 16class described in section 24-34-601 (2)(a).
Page 4, Line 17(b) Allocation of decision-making responsibility. The court,
Page 4, Line 18upon the motion of either party or its own motion, shall allocate the
Page 4, Line 19decision-making responsibilities between the parties based upon the best
Page 4, Line 20interests of the child. In determining decision-making responsibility, the
Page 4, Line 21court may allocate the decision-making responsibility with respect to each
Page 4, Line 22issue affecting the child mutually between both parties or individually to
Page 4, Line 23one or the other party or any combination thereof. When a claim of child
Page 4, Line 24abuse or neglect or domestic violence has been made to the court, or the
Page 4, Line 25court has reason to believe that a party has committed child abuse or
Page 4, Line 26neglect, domestic violence, or sexual assault where there is also a claim
Page 4, Line 27that the child in question was conceived as a result of the sexual assault,
Page 5, Line 1prior to allocating decision-making responsibility, the court shall follow
Page 5, Line 2the provisions of subsection (4) of this section. In determining the best
Page 5, Line 3interests of the child for purposes of allocating decision-making
Page 5, Line 4responsibilities, the court shall consider, in addition to the factors set forth
Page 5, Line 5in
paragraph (a) of this subsection (1.5)Page 5, Line 6section, all relevant factors, including:
Page 5, Line 7(VI) Subject to constitutional limitations, whether the
Page 5, Line 8parties recognize the child's identity as it relates to a protected
Page 5, Line 9class described in section 24-34-601 (2)(a).
Page 5, Line 10SECTION 3. Safety clause. The general assembly finds,
Page 5, Line 11determines, and declares that this act is necessary for the immediate
Page 5, Line 12preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 13the support and maintenance of the departments of the state and state
Page 5, Line 14institutions.