ADVOCATES FOR CHILDREN: THE CLR, CFI, AND PRE

Transcription

1 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page i ADVOCATES FOR CHILDREN: THE CLR, CFI, AND PRE IN COLORADO 2012 EDITION ROBERT M. SMITH, J.D. SHIRLEY A. THOMAS, PH.D. Managing Editors CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION DENVER BAR ASSOCIATION 2012

2 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page ii ADVOCATES FOR CHILDREN: THE CLR, CFI, AND PRE IN COLORADO 2012 EDITION Published by: CONTINUING LEGAL EDUCATION IN COLORADO, INC Grant Street, Suite 300 Denver, Colorado Phone: (303) Toll-free: (888) Fax: (303) [email protected] Website: Dawn M. McKnight, Esq. Assistant Executive Director/ Publications Director Colorado Bar Association CLE Lisa Travis Fischer, J.D. Acquisitions Editor/Manager Colorado Bar Association CLE Darlene Johnson Legal Editor Colorado Bar Association CLE John and Lynn Cleveland Subject Index Lindex COLORADO BAR ASSOCIATION CLE CLE in Colorado, Inc. is the nonprofit educational arm of the Colorado Bar Association and the Denver Bar Association Continuing Legal Education in Colorado, Inc. (CBA-CLE) publications are intended to provide current and accurate information about the subject matter covered and are designed to help attorneys maintain their professional competence. Nothing contained in this book is legal advice or other professional advice. Readers are responsible for obtaining advice from their own lawyers or other professional. Publications are distributed with the understanding that CBA-CLE does not render any legal, accounting, or other professional service. The contents of this book do not necessarily reflect the views of the Internal Revenue Service or any other regulating governmental entity. The material in this book represents the opinions and views of the authors, and should not be construed as the views of any of the authors law firms or of Continuing Legal Education in Colorado, Inc. The proper interpretation or application of the material in the book is a matter for the considered judgment of the individual legal practitioner, and CBA-CLE disclaims all liability therefor. As with any legal textbook or other secondary authority, attorneys dealing with specific legal matters should also fully research current, primary authorities. Copyright 2012 by Continuing Legal Education in Colorado, Inc. All Rights Reserved.

3 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page vii ABOUT THE MANAGING EDITORS Robert M. Smith, J.D. P.O. Box 130 Windsor, CO (970) [email protected] Chapter A1 The Role of the Child s Legal Representative, Child and Family Investigator, and Parental Responsibilities Evaluator Chapter B15 Keeping Current in the Field Robert M. Smith is a family law attorney with an emphasis on high-conflict family law cases. He regularly serves as a child and family investigator, child s legal representative, and guardian ad litem for adults in judicial districts throughout northern Colorado and the Denver metro area. He received his bachelor s degree in English literature from Stanford University in 1961 and a Master of Divinity degree, with emphasis in counseling, from San Francisco Theological Seminary in He earned his law degree from California Western School of Law in San Diego in 1995 and is licensed to practice law in Oregon (now inactive) and Colorado. From 1999 to 2004, he worked for the State Court Administrator s Office as the projects manager for the Colorado Judicial Branch Office of Dispute Resolution and the state s Federal Access and Visitation grant. Mr. Smith currently serves as immediate past president and a board member of the Association of Family and Conciliation Courts (AFCC) and recently completed his two-year term as a board member of the Boulder IDC. He is a past member of the Colorado Bar Association Family Law Section s Executive Council, as well as a current member of Metropolitan Denver Interdisciplinary Committee (MDIC), the Colorado Chapter of AFCC, and the ABA. He was on the committee that drafted MDIC s Special Advocate Guidelines (2001) and was a member of the Other Professionals Subcommittee of the Standing Committee on Family Issues, which drafted the Special Advocates (now CFI) Standards in CJD 04-08, the model appointment order, and legislation that resulted in new statutory authority for child and family investigators, child s legal representatives, and parenting coordinators/decisionmakers. In addition, he has served on the Adams District Court Early Neutral Assessment pilot program team for the past four years. He has also co-authored Court-Appointed Neutrals in The Practitioner s Guide to Colorado Domestic Relations Law, published by Colorado Bar Association CLE. vii

4 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page viii Advocates for Children Shirley A. Thomas, Ph.D. 630 Kimbark St. Longmont, CO (303) [email protected] Chapter A1 The Role of the Child s Legal Representative, Child and Family Investigator, and Parental Responsibilities Evaluator Chapter B9 When and How to Issue Preliminary/Supplemental CFI or PRE Reports Chapter B15 Keeping Current in the Field Shirley A. Thomas, Ph.D. received her doctoral degree in psychology from the University of Colorado at Boulder. Since 1975, she has maintained a clinical practice in Longmont, providing therapy, assessment, mediation, and consultation to families of divorce. Her most recent interest is in developing intensive, multi-session divorce education programs for parents. Dr. Thomas is a member of the Colorado Supreme Court Standing Committee on Family Issues. She is a past president and executive board member of the Boulder Interdisciplinary Committee, and she received the 2012 Community Service Award. Dr. Thomas serves on the advisory board for SAFE Services, a program of the St. Vrain Family Center, providing safe exchanges and supervised parenting time. She has written and published three books about divorce and remarriage. Parents are Forever is a widely used co-parenting guide, Divorced But Still My Parents is a workbook and text for children, and Two Happy Homes is a manual for parents to use as they integrate new partners into the lives of their children. viii

5 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page ix Kevin Albert, Psy.D. Colorado Family Center 11 W. Dry Creek Cir., Ste. 140 Littleton, CO (303) [email protected] ABOUT THE AUTHORS Chapter B7 Case Material Review, Conclusions, and Recommendations Kevin Albert, Psy.D. is a state-licensed psychologist. He earned his M.A. from Cleveland State University in 1977 and his doctorate in clinical psychology from the University of Denver in Dr. Albert completed a post-doctoral fellowship in clinical psychology at Harbor-U.C.L.A. Medical Center in Dr. Albert works primarily with the courts conducting parental responsibilities evaluations. Prior to joining the Colorado Family Center, Dr. Albert s experience was in both community mental health and private and public inpatient settings in Colorado, California, and Ohio. Dr. Albert is active in the Metropolitan Denver Interdisciplinary Committee. He is also a member of the Colorado and American Psychological Associations, the Association of Family and Conciliation Courts (AFCC), and the Colorado AFCC. William G. Austin, Ph.D. 710 Kipling St., Ste. 306 Lakewood, CO (303) [email protected] Chapter C1 Relocation Disputes in Colorado: Continuing Issues and a Forensic Framework for Parenting Evaluators William G. Austin, Ph.D. has a private practice in clinical and forensic psychology with a specialty in child custody evaluation and trial consultation. He conducts PRE/child custody evaluations in Colorado and North Carolina. He has a national consulting practice and often reviews parenting/custodial reports of evaluators. He was the co-chair of the ix

6 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page x Advocates for Children AFCC task force that created the Model Standards of Practice for Child Custody Evaluations and is currently on the AFCC task force for developing guidelines for conducting custody evaluations where there are allegations of intimate partner violence. His publications include forensic models for custody evaluators and courts in cases involving issues of relocation, intimate partner violence, and parental gatekeeping. He recently completed the Bench Book for Parental Gatekeeping in Parenting Disputes. Robert Backerman, L.C.S.W Broadway Boulder, CO (303) [email protected] Chapter B3 Planning the Investigation and Beginning the Representation Chapter B5 Contacting Collaterals Robert Backerman, L.C.S.W. has been a clinical social worker in private practice in Boulder since He received his undergraduate degree in psychology from Tufts University and his Masters in social work from Smith College. In addition to a general therapy practice, he specializes in providing psychotherapy for children and families impacted by divorce, as well as parenting time and decision-making evaluations, mediation services, and consultation. He has been a board member and a past president of the Boulder Interdisciplinary Committee on Child Custody and the State Interdisciplinary Committee. He has also served on the board of the Colorado Chapter of the Association of Family and Conciliation Courts. He has been involved with the Boulder Safe Exchange Program since its inception and also served on the Judicial Performance Commission for the 20th Judicial District. x

7 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xi About the Authors Glynna Baker, M.A., J.D E. Florida Ave., Ste. 400 Denver, CO (303) [email protected] Chapter B14 Getting Paid as the Court s Appointee Glynna Baker holds a B.S. degree in psychology from Vanderbilt University, an M.A. degree in counseling psychology from Denver Seminary, and J.D. degree from the University of Denver College of Law. She is a licensed Colorado attorney and a trained mediator. Since 1999, she has worked exclusively under court appointment in the following capacities: special advocate/child and family investigator, child s legal representative, guardian ad litem for adults, parenting coordinator, decision-maker, arbitrator, and special master in domestic cases; guardian ad litem for children in juvenile cases; and guardian ad litem for children in civil cases. She provides mediation services for private parties and for the Colorado Office of Dispute Resolution. Prior to 1999, Ms. Baker represented children and adults abused by persons in positions of trust in civil cases. Joanne Baum, Ph.D., LCSW, CAC III 825 E. Speer Blvd., Ste. 302 Denver, CO Southview Dr., Ste. 120 Evergreen, CO (303) [email protected] Chapter C3 Investigation of Cases Involving Substance Abuse Issues Joanne Baum earned her Ph.D. from the University of Wisconsin in 1979 and has more than 30 years of experience in individual and family therapy and in the area of substance abuse. Dr. Baum has offices in Denver and Evergreen, where she offers many services, including therapy/counseling/coaching with adults, couples, families, children, and teens. She has specialized in divorce for the last 15 years. Joanne is currently working as a divorce coach and child specialist helping families transition from one home to new, more peaceful loving homes. Dr. Baum helps families divorce in nontraditional ways: as a mediator with couples, a child special and/or a divorce coach within a collaborative famxi

8 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xii Advocates for Children ily law team, and an ENA/ENE team member. She also does marital counseling for couples wanting to make changes in their relationship or who are not sure which way to go. Dr. Baum provides services for divorcing families and families in transition. She helps people coping with such issues as: how to navigate your way through a divorce; negotiating skills to get you through your divorce; the basics and intricacies of co-parenting; how to tell the children; learning the difference between listening to learn/share and listening to win; transitioning from grief over losing your intact family to greeting family life in two homes; preventing children from falling between the cracks of two homes; creating and understanding the next phase in your family s life two homes instead of one and you re still a family ; how to set up a safety net to support everyone; post-divorce counseling who am I when the couple is no more?; helping children adjust to the divorce; communication skills training/coaching for intact couples and for co-parenting couples; communication skills training/coaching for families; how to accept your former spouse for who he or she is, rather than being angry each time the ex-spouse is being who he or she is. Dr. Baum also has extensive experience in the substance abuse area and is providing substance abuse and alcohol evaluations, thoughtful and loving interventions, family and individual treatment around the disease of addiction, and independent consultation regarding what level of care is appropriate for an individual in need. In the past, Dr. Baum worked with the courts in the Denver metro area as a child and family investigator, parenting coordinator, decision-maker, and parental responsibilities evaluator. She has written four books: Got the Baby, Where s the Manual?!?, Respectful Parenting from Birth Through the Terrific Twos, It s Time to Know (about marijuana), and One Step Over the Line (about cocaine). Her websites are and xii

9 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xiii About the Authors Shelley Bresnick, Psy.D. Licensed Clinical Psychologist 1746 Cole Blvd., Bldg. 21, Ste. 295 Golden, CO (303) [email protected] Chapter B4 Interviewing Parents and Children and Conducting Parent/Child Interactional Observations Chapter B5 Contacting Collaterals Shelley Bresnick, Psy.D. is a clinical psychologist licensed in the State of Colorado. She received her doctorate from the University of Denver in She has been in private practice since Her practice consists of divorce-related services and psychotherapy. She works as a parental responsibilities evaluator and parenting coordinator/decision-maker and facilitates a high-conflict co-parenting program. Prior to adjustments in the directives and statutes defining court-ordered roles, she provided services as a child and family investigator, special advocate, and custody evaluator. Dr. Bresnick also conducts psychotherapy with children, families, couples, and individual adults, specializing in relationship and attachment issues. She supervises psychology doctoral students with therapy cases at the University of Denver. Dr. Bresnick chaired the committee to found the Colorado Chapter of the Association of Family and Conciliation Courts (COAFCC) in 2007 and was its first president. She has remained active in COAFCC. She is also a member of the Metropolitan Denver Interdisciplinary Committee, Colorado Assessment Society, and American Psychological Association (including the Family Division). Dr. Bresnick has presented at numerous conferences, including the AFCC Annual Conference. xiii

10 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xiv Advocates for Children Marian Camden, Psy.D. Marian Camden, Psy.D., LLC 7500 E. Arapahoe Rd., Ste. 375 Centennial, CO (720) [email protected] Chapter B12 Trial Issues Dr. Marian Camden (M.A., University of West Florida, 1991; Psy.D., University of Denver, 1995) is a licensed psychologist in south Denver. She is a frequent expert witness in the metro-area courts as a parental responsibilities evaluator and formerly as a child and family investigator, special advocate, and special master. Dr. Camden also maintains a strong therapy, counseling, and psychological/educational testing practice. Her specializations include divorce, trauma recovery, and highly sensitive and/or intellectually giftedrelated assessment and treatment matters. Eye Movement Desensitization Reprocessing (EMDR) is a strong feature of her practice, as is play therapy for young children. She presents on the neurophysiology of attachment, trauma, and interpersonal relationship, and other mind-body and related topics. Her professional publications include two articles on emotional/verbal abuse in the context of divorce and, most recently, two children s books (happily, not about divorce). A long-time member of the Metropolitan Denver Interdisciplinary Committee (MDIC), she served on the board of directors for 11 years, including as president in She is also a member of the Association of Family and Conciliation Courts (AFCC) and its Colorado chapter (COAFCC), the Colorado Assessment Society, Society for Personality Assessment, and the Boulder Institute for Psychotherapy and Research. Dr. Camden s psychology practice website is Her books can be found at xiv

11 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xv About the Authors Christine A. Coates, M.Ed., J.D Pearl East Cir., Ste. 101 Boulder, CO (303) [email protected] Chapter B10 Dealing with Difficult Parents, Attorneys, and Collaterals Christie Coates, an experienced family law attorney, now emphasizes ADR in domestic relations and has been a mediator since A past president of the Boulder County Bar Association, she also has served on the CBA Family Law Section Executive Council and the CBA Board of Governors. Named the CBA s Outstanding Young Lawyer in Colorado in 1986, she has since been honored for her work as a mediator, lawyer, and child advocate. A former president of the Association of Family and Conciliation Courts (AFCC), an international interdisciplinary organization, she chaired AFCC s Task Force on Parenting Coordination, which developed model guidelines for parenting coordinators. She has also chaired committees for both the ABA Dispute Resolution Section and the ABA Family Law Section. An adjunct professor at the University of Colorado School of Law, Christie is a popular national speaker, trainer, and consultant in conflict resolution, high-conflict families, parenting coordination, and family law. She co-authored Working with High Conflict Families of Divorce (Jason Aronson, 2001) and Learning from Divorce (Jossey-Bass, 2003). Dana L. Cogan, M.D S. Ulster St., Ste Denver, CO (303) [email protected] Chapter C7 Investigating Mental Illness and Its Impact on Parenting Dana L. Cogan, M.D. is a forensic psychiatrist who has been in private practice since He specializes in high-conflict divorce, working as a parental responsibilities evaluator, early parenting plan mediator, arbitrator, work product reviewer, and consultant to attorneys and their clients. He also performs forensic evaluations in the areas of personal injury, criminal law, professional standards of care, and probate matters. xv

12 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xvi Advocates for Children In addition to his forensic work, Dr. Cogan provides psychotherapy to adolescents, adults, couples, and families; authors articles pertaining to domestic relations issues; helps organize conferences to educate judicial officers, attorneys, and mental health professionals regarding divorce-related issues; and has served on committees of the Colorado Supreme Court and the Colorado Bar Association. He is currently the president of a nonprofit organization (New Families, New Future) that designs educational materials for divorcing parents. Susan L. Elkins, Esq. Susan L. Elkins, LLC 107 Wilcox St., Ste. 100 Castle Rock, CO (303) [email protected] Chapter B2 The Order of Appointment Chapter B3 Planning the Investigation and Beginning the Representation Susan L. Elkins practices law with the firm of Susan L. Elkins, LLC in Douglas County. She graduated from Arizona State University College of Law in Previously, she was a teacher for four years after graduating from Aurora College with a degree in secondary education. She was licensed to practice in Colorado and Ohio. While she maintains an eclectic practice, since 1994 she primarily has focused on representing children in divorces as a child and family investigator, child s legal representative, parenting coordinator, decision-maker, and parenting coach, as well as serving as a mediator, special master, and arbitrator. Ms. Elkins is a member of and the past-president of the board of the Metro Denver Interdisciplinary Committee and a former board member of the Colorado Chapter of the Association of Family and Conciliation Courts. xvi

13 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xvii About the Authors E. Robert LaCrosse, Ph.D Robb Ct. Lakewood, CO (303) [email protected] Chapter B10 Dealing with Difficult Parents, Attorneys, and Collaterals Bob LaCrosse received his B.A. (cum laude) from Harvard College and his M.A. and Ph.D. in psychology from the University of North Carolina at Chapel Hill. His first job was as assistant professor at the Harvard Graduate School of Education. He then moved into academic administration as president of Pacific Oaks College, an upper-division college and graduate school that specialized in child development and early childhood education. He moved to Colorado in 1976, and after a brief turn as director of the Child and Family Policy Section at the Education Commission of the States, has been in private practice in Denver. In Colorado, he served as vice-chair of Governor Lamm s Commission on Children and Families and as a member of Governor Romer s Initiative on Responsible Fatherhood. For several years, he was guest host on the Andrea Van Steenhouse Show, a psychological advice program. He is a co-author of two books, Working with High Conflict Families of Divorce and Learning from Divorce: How to Take Responsibility, Stop the Blame and Move On. He was a board member and teacher with Parenting after Divorce/Denver and a member of the Metropolitan Denver Interdisciplinary Committee, the Colorado Psychological Association, and the American Psychological Association. In his practice, he worked as a therapist, a parental responsibilities evaluator, a child and family investigator, and a special master. He is recently retired. David Littman, M.A., J.D. David Littman, P.C Emerson St. Denver, CO (303) [email protected] Chapter C4 Physical, Emotional, and Sexual Abuse Cases David Littman has more than 31 years experience as a trial attorney with emphasis in the area of family law. His firm, David Littman, P.C., has been a leader in providing creative resolutions to parties in family law cases for close to 30 years. His firm handles both complex parenting and financial issues, and provides mediation and arbitration services. xvii

14 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xviii Advocates for Children He received his law degree from Washington University in St. Louis, where he also obtained graduate degrees in counseling psychology and behavioral science. He served on the Metro Denver Interdisciplinary Committee Board from 1997 to 2002 and from 2003 to 2005 and again from 2007 through the present year. He is a past chair of the Executive Council of the Family Law Section of the Colorado Bar Association. He has emphasized family law in his practice, spending a significant portion of his time representing both parents and children in dissolution of marriage and custody/parental responsibilities matters. He is a leader in the development of collaborative law in Colorado. One emphasis of his practice is serving as child and family investigator in highly conflicted family law matters, including cases involving allegations of sexual abuse. Mr. Littman was part of the group of attorneys and mental health professionals that developed the Guidelines for Special Advocates and has been appointed in more than 225 cases since the passage of the special advocate (now child and family investigator) statute. He estimates that he has served in well over 1,000 cases as child and family investigator, special advocate, child s legal representative, or guardian ad litem over the course of his practice. Mr. Littman has strong experience in highly conflicted dissolution matters, including those involving allegations of sexual abuse. He serves as a special master or arbitrator in divorce and custody cases. Mr. Littman has substantial federal and state court jury trial experience in representing victims of sexual abuse and abuse of trust, personal injuries, and medical malpractice. He also served for 10 years on a part-time basis as a magistrate in Denver and Jefferson counties. Kathleen McNamara, Ph.D. Kathleen McNamara, Ph.D., PLLC 333 W. Drake Rd., Ste 280 Fort Collins, CO (970) Chapter C6 Investigating Cases Involving Alienation Kathleen McNamara is a licensed psychologist in private practice in Fort Collins. She works extensively with court-involved families as a child and family investigator and parental responsibilities evaluator. She offers parent coordinator/decision-maker services, parenting plan consultations, and therapeutic services with high-conflict families, particularly cases involving children who resist contact with a parent. xviii

15 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xix About the Authors Dr. McNamara received her Ph.D. in counseling psychology from Pennsylvania State University in Before devoting herself to full-time practice, she was a tenured professor in the Psychology Department at Colorado State University. While at CSU, she taught courses at the undergraduate and graduate level, conducted research, and published numerous papers on various clinical problems. Dr. McNamara is a member of the American Psychological Association, the Colorado Psychological Association, The Mediation Association of Colorado, and the Association of Family and Conciliation Courts (AFCC). She serves on the board of the Colorado Chapter of AFCC and recently became a member of the Ethics Committee of the Colorado Psychological Association. Daniel J. Mosley, Ed.D. Colorado Family Center 11 W. Dry Creek Cir., Ste. 140 Littleton, CO (303) [email protected] Chapter B8 Writing the CFI/PRE Report Daniel J. Mosley, Ed.D. is a licensed psychologist and partner in the Colorado Family Center, P.C. Since receiving his doctorate, he has focused his practice on families and divorce. He is a past president of the Metropolitan Denver Interdisciplinary Committee (MDIC) and continues membership in that organization as well as the Association of Family and Conciliation Courts (AFCC). He conducts parental responsibilities evaluations and also serves as a court-appointed parenting coordinator/decision-maker. Recent presentations for the professional community include: Boundary Issues in Family Law Work to the MDIC (2010) and Sex, Drugs, and Rock-n-Roll to the 2011 Family Law Institute. Dr. Mosley participated in a presentation for the 2012 Annual AFCC conference in Chicago as part of a panel on the topic What Evaluators Need to Know About Home-Schooling. xix

16 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xx Advocates for Children Gay Niermann, Esq S. Middlefield Rd., Ste. 201 Littleton, CO (303) [email protected] Chapter B1 Getting Appointed and Case Management Chapter B12 Trial Issues Gay Niermann is a sole practitioner in the Denver metro area, limiting her practice to child-related issues, including child and family investigator, child s legal representative, parenting coordinator, mediation/arbitration of child matters, and representation in postdecree matters. She attended the University of Colorado School of Law and graduated in 1979, the year she was admitted to the Colorado bar. She is a member of the Colorado, Denver, and Arapahoe County bar associations and a member of the CBA Family Law Section. She is also a member of the Denver Metropolitan Interdisciplinary Committee, the National Association of Counsel for Children, and the Association of Family and Conciliation Courts. Ms. Niermann served on the committee that drafted the original legislation for the child s legal representative and special advocate (now child and family investigator). Much of her experience comes from raising her own two active children. Wendell A. Osorno, Ph.D S. Havana St., Ste. 228 Aurora, CO (303) Chapter C7 Investigating Mental Illness and Its Impact on Parenting Wendell A. Osorno, Ph.D., is Professor Emeritus of Counseling Psychology at the University of Northern Colorado in Greeley. He is a licensed psychologist who maintains a private practice in Aurora, with more than 40 years of professional experience in education, counseling, psychology, and mental health. His primary professional emphasis is on the education, counseling, and psychological evaluation of children, adolescents, adults, and families. He has often testified as an expert witness and has been appointed as a child and family investigator and also as a parental responsibilities evaluator by various district courts in Colorado. He holds professional memberships with the American Psychological xx

17 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xxi About the Authors Association and the Colorado Psychological Association. He is a Fellow with the Professional Academy of Custody Evaluators and the American College of Forensic Examiners. Robert E. Pelc, Ph.D., A.B.P.P S. Natches Ct., Unit A Englewood, CO (303) [email protected] Chapter A2 Ethical Considerations in Family Law Matters Dr. Robert Pelc is a licensed clinical psychologist who has been in private practice since He is a 1975 graduate of the training program in Clinical Psychology at the University of Denver, and he completed his pre-doctoral internship at Denver General Hospital. He is a member of the American Psychological Association, the Colorado Psychological Association, and the National Register of Health Care Providers in Psychology. He was the president of the Colorado Psychological Association for Since 1986, he has been a Diplomate in forensic psychology with the American Board of Professional Psychology. Forensic psychology deals with the interface between the mental health and legal systems. He is a Fellow in the American Academy of Forensic Psychology and a member of the American Psychology-Law Society, Division 41 of the American Psychological Association. As a therapist, he has assisted more than 2,500 persons since 1978 regarding issues such as dealing with stress, trauma, abuse, depression, anxiety, and relationship problems. He has provided more than 5,000 evaluations in that same time period to the courts, private businesses, individuals, public agencies, and others. He has provided consultations and opinions on professional standards of care. He has testified as an expert witness more than 3,000 times in state and federal courts. He has published articles in both professional journals and public print media. He has consulted with private businesses, public organizations, and educational institutions about executive selection, program development, and productivity. Before starting his private practice, he managed public mental health programs for four years and earned a Master s in business administration in He has taught graduate university courses in departments of psychology and law, and he has provided a variety of public seminars to help promote better mental health. For 12 years, he taught courses in Forensic Ethics and Criminal Assessments at the University of Denver School of Professional Psychology. He has served in his community by participating in several professional service organizations as a member of the boards and committees. xxi

18 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xxii Advocates for Children Kathleen Schoen, Esq. Colorado Bar Association 1900 Grant St., Ninth Fl. Denver, CO (303) [email protected] Chapter C5 Domestic Violence Kathleen Schoen, Esq. graduated from University of Oregon Law School in She is a member of both the Colorado and Oregon bars. She has been working in the area of domestic violence intervention and prevention since Along with a criminal justice coordinator for the battered women s program and a police officer in Aurora, she spearheaded the development and implementation of the first-in-the-nation fast-track prosecution of domestic violence. She is currently the director of the Colorado Bar Association s Local Bar Relations and Access to Justice Department, where she manages several projects, including the Domestic Violence: Make It Your Business project, designed to create awareness and skills in the business community about the impact of domestic violence on business, and Colorado Alliance to Prevent Cruelty, a statewide collaboration of criminal justice and animal welfare professionals cross-training each other about the link between animal abuse and family violence. She volunteers as a domestic and protection order mediator in Jefferson and Denver counties. Kathleen is the 2010 recipient of the American Bar Association Commission on Domestic Violence Sharon L. Corbitt Award for exemplary legal services to victims of domestic violence, sexual assault, and stalking. She also provides support to the Access to Justice Commission and local bar associations. Kathleen has written, spoken, and taught nationally and internationally on many topics, including women and violence, mediation and family violence, and the link between animal abuse and family violence. She is the 2003 recipient of the Carolyn Hamil-Henderson Memorial Award from SafeHouse Denver for her inspiration and leadership to end domestic violence. xxii

19 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xxiii About the Authors Natalie C. Simpson, Esq. Litvak Litvak Mehrtens and Epstein, P.C Grant St., Ste. 500 Denver, CO (303) [email protected] Chapter C4 Physical, Emotional, and Sexual Abuse Cases Natalie C. Simpson, Esq. received her J.D. from the University of Denver Sturm College of Law in Currently, Ms. Simpson is an associate at Litvak Litvak Mehrtens and Epstein, P.C., and a member of the Colorado Bar Association, Denver Bar Association, and American Bar Association, and the Family Law Sections of the Colorado Bar Association and the American Bar Association. Hon. Jill-Ellyn Straus Seventeenth Judicial District 1100 Judicial Center Dr. Brighton, CO [email protected] Introduction Jill-Ellyn Straus is a district court judge for the Seventeenth Judicial District. She was appointed to the bench in April 2008 by Governor Ritter. Judge Straus spent 25 years with the Seventeenth J.D. Attorney s Office, specializing in crimes against children and juvenile delinquency. She graduated from the University of Denver College of Law in Judge Straus was the project director of the Platte Valley Children s Alliance, a cooperative project with Children s Hospital and the Kempe Center, from January 1999 until January She was a member of the State and Regional Technical Assistance Team for the Kempe Center for the Prevention of Child Abuse and Neglect. Judge Straus was the chair of the Juvenile Services Program Committee for the Seventeenth J.D. from 2005 until Judge Straus was responsible for training and education in the areas of investigation and prosecution of child abuse and neglect for law enforcement officers, social workers, medical professionals, mental health professionals, educators, victim advocates, and prosecutors throughout Colorado and the United States. She was a member of the State Child Fatality Review Committee from 1990 until September She was a contributing editor of An Introductory Manual for Professionals and Paraprofessionals Child Abuse xxiii

20 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xxiv Advocates for Children and Neglect for the Colorado Department of Public Health and Environment. Judge Straus has lectured at the University of Denver College of Law, the University of Northern Colorado, Metro State University, The Colorado Medical Society, The National Center for the Prosecution of Child Abuse and Neglect, and a variety of community and municipal organizations. Judge Straus was a delegate and presenter to the International Society for the Prevention of Child Abuse and Neglect. She has presided over domestic relations cases and dependency and neglect cases, and is currently presiding over a felony criminal docket. Kris D. Ward, J.D., CAC I The Ward Law Firm, LLC 225 Union Blvd., Ste. 150 Lakewood, CO (303) [email protected] Chapter C2 Investigating Cases Involving School Issues Chapter C8 Investigating Cases Involving Gay, Lesbian, Bisexual, and Transgender Issues Kris D. Ward is the sole partner in The Ward Law Firm, LLC. A Colorado seminative, Kris did her undergraduate work at Sterling College and master s work at Virginia Tech in theatre arts. After 10 years as an air traffic controller and training specialist with the Federal Aviation Administration, Kris embarked on her legal education at Golden Gate University School of Law, where she graduated in Upon graduation, Kris was awarded the prestigious Golden Gate Honorable Lee D. Baxter Litigation Fellowship for one year. As the litigation Fellow, she was the first Fellow to work with the worldrenowned Innocence Project and continued her relationship with Golden Gate by coaching their highly successful Mock Trial team. Kris is licensed to practice in California and Colorado. While she maintains an eclectic domestic practice representing the interests of the LGBT community in domestic and estate planning matters, since 2007 she has devoted more of her time to representing children in dependency and neglect and delinquency matters and as a child and family investigator. Kris is a member of the Juvenile Law Section and the Family Law Section of the Colorado Bar Association. She is a past chair of the Juvenile Law Section. She also participates in Jefferson County Family Integrated Treatment Court as a guardian ad litem for children. xxiv

21 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xxv About the Authors Kris is a Certified Addictions Counselor I. She lives with her long-term partner, their teenage daughter, and her canine co-worker Lulu and the canine terror Smooch. Lulu is an indispensable icebreaker and bridge-builder in her child law practice, and can be seen accompanying Kris on home visits with the children she represents in dependency and neglect actions. Sue A. Waters, M.A., L.P.C E. First Ave., Ste. 490 Denver, CO (303) [email protected] Chapter B6 Working with Attorneys and Parents to Facilitate Settlement and Lower Conflict Chapter B11 Dealing with the Advocate s Potential Biases Sue A. Waters, M.A., L.P.C. is a Licensed Professional Counselor in private practice who specializes in psychotherapy for couples, individuals, and families regarding marital, divorce, and stepfamily issues. She established Parenting After Divorce (PAD) in 1993 and served as executive director until April Ms. Waters is currently a consultant to PAD, teaches PAD Level I and Level II seminars, and does child and family investigator and parenting coordination work. She is also the PAD Level II seminar coordinator. Ms. Waters served for two years on the Domestic Relations Study Group and Interdisciplinary Committee, which instituted the Domestic Relations Pilot Project in El Paso, Arapahoe, and Denver counties in January She completed a two-year appointment on the Commission on Families in the Colorado Courts, a Colorado Supreme Court commission charged with the task of developing recommendations to improve policies, procedures, rules, and laws that affect families involved with the courts. In November 2002, Ms. Waters was appointed to the Colorado Supreme Court Standing Committee on Family Issues. She is co-chair of the Other Professionals Subcommittee, which developed the Child and Family Investigator Standards and a standard CFI order. The Other Professionals Subcommittee is currently working on parenting coordinator and decision-maker guidelines, and a suggested curriculum for parent education classes. xxv

22 00a Front Matter_Layout 1 6/18/2012 7:02 AM Page xxvi Advocates for Children Gina B. Weitzenkorn, Esq. Mills & Weitzenkorn, P.C th St., Ste. 150 Denver, CO (303) [email protected] Chapter B13 Issues for the CLR to Consider in the Appeals Process Gina Weitzenkorn is a partner in the law firm of Mills & Weitzenkorn, P.C. This law firm was founded in September Prior to that, she was an associate with Feder, Morris, Tamblyn & Goldstein, P.C. Before that, she was the director of the Thursday Night Bar (now known as Metro Volunteer Lawyers), the volunteer lawyers program in the Denver metropolitan area, and the director of client services for the Legal Aid Society of Metropolitan Denver. She has served on the board of directors of the Colorado Women s Bar Association and as president of the association in She served as the chair of the Women and the Law Committee of the Colorado Bar Association and, prior to that, chaired the CBA s Gender Bias Task Force. She was the chair of the Family Law Section of the Colorado Bar Association in and has served on the Colorado Child Support Commission. She received the CBA Family Law Section Icon Award in xxvi