Colorado
Child and Family Investigator
Participant
40-hr training
2012
Colorado State
Court Administrator’s Office
CHILD AND FAMILY INVESTIGATOR (CFI) TRAINING
FRONT MATTER
Acknowledgments:
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Lon Kopit
Amy Miller, DV
Bob Smith, and his book, The Role of the Child and Family Investigator and
the Child’s Legal Representative in Colorado
Permissions:
o National CASA, section on substance abuse
o Camille Doucet, artist
Conventions:
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Using “their” instead of his or her, easier to read, becoming more common in
every day usage.
Using “parent” and “party” interchangeably, although we know that
sometimes the party will be a grandparent or other person in the child’s life.
Also, use of “mom” and “dad” to indicate parents.
Use of the words “primary custody” to mean the parent with whom the child
lives most of the time.
Use of the words “joint custody” to apply to parents who enjoy 50/50
parenting time, irregardless of whether one of them receives child support.
Recognition of gender stereotypes and the fact that they certainly do not
always hold in the real world. Plenty of dads are the primary parent; plenty of
moms are the more “distant” parents; plenty of moms pay child support (or
not)
Gender use in domestic violence: use of male as perpetrator and female as
victim, even though there are cases of female on male DV, as well as samesex DV.
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TABLE OF CONTENTS
FRONT MATTER ................................................................................................... i
Acknowledgments: .............................................................................................. i
Conventions: ........................................................................................................ i
DAY 1: CFI RESPONSIBILITIES AND APPOINTMENT.............................. 1-1
Introduction ...................................................................................................... 1-3
Brief history of the CFI role............................................................................. 1-4
CFI RESPONSIBILITIES ............................................................................... 1-8
Least Intrusive .............................................................................................. 1-8
When to Ask for More ................................................................................. 1-9
CFI Objectivity and Independence ............................................................ 1-10
CFI Competence ........................................................................................ 1-12
CFI Confidentiality .................................................................................... 1-13
Professional Appointments in Domestic Cases ......................................... 1-14
Dual Role conflicts .................................................................................... 1-16
No legal advice .......................................................................................... 1-16
Highest Standards ...................................................................................... 1-17
CRS 14-10-124: Best interests of child .................................................... 1-17
CRS 14-10-129: Modification of parenting time. ..................................... 1-24
CFI Appointment ........................................................................................... 1-26
CRS 14-10-116.5 ....................................................................................... 1-26
Order Appointing CFI Pursuant to §14-10-116.5, C.R.S. ......................... 1-27
Communications with the Court .................................................................... 1-29
Policies for the Parties ................................................................................... 1-30
Policies for Counsel ....................................................................................... 1-30
DAY 2: INVESTIGATION: INITIAL INTAKE ............................................... 2-1
You are in a position of influence over a family’s future. ............................... 2-4
Respecting the diverse nature of families ........................................................ 2-4
Parents with Developmental Delays ................................................................ 2-6
Discern and document critical information from interviews. .......................... 2-6
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High Conflict Relationships............................................................................. 2-8
Use Neutral Dialogue with Difficult Parties .................................................... 2-9
Initial Intake Interview ................................................................................... 2-13
Special Circumstances ................................................................................... 2-14
Domestic Violence ......................................................................................... 2-14
Custody Myths regarding Domestic Violence ........................................... 2-21
Substance Abuse ............................................................................................ 2-24
The Effects of Substance Abuse on Parenting ........................................... 2-25
What the Child Experiences....................................................................... 2-25
DSM-IV Substance Dependence Criteria .................................................. 2-28
DSM-IV Substance Abuse Criteria ............................................................ 2-28
Behaviorial Extremes ................................................................................. 2-29
Substance Monitoring Tools ...................................................................... 2-30
Mental Health Challenges .............................................................................. 2-32
Relocation ...................................................................................................... 2-34
DAY 3: HOME VISITS AND INTERVIEWING THE CHILDREN................ 3-1
Introduction ...................................................................................................... 3-2
Protocols for Home Visits ................................................................................ 3-2
Time of the visit ........................................................................................... 3-2
Safety concerns ............................................................................................ 3-2
Inside the home ............................................................................................ 3-2
Family Strengths .......................................................................................... 3-5
Interaction between parent and child ........................................................... 3-6
Interactions and Interrelationships ............................................................... 3-7
Transitions........................................................................................................ 3-8
Child Abuse ..................................................................................................... 3-9
Physical Abuse ........................................................................................... 3-10
Emotional Abuse........................................................................................ 3-10
Neglect ....................................................................................................... 3-10
Sexual Abuse ............................................................................................. 3-10
Abuse Due to Controlled Substances ......................................................... 3-11
Abuse? Or Dysfunction? ........................................................................... 3-11
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Reporting Child Abuse and/or Neglect .......................................................... 3-11
Alienation ....................................................................................................... 3-12
Interviewing Children .................................................................................... 3-17
Infants: Birth to 18 months ....................................................................... 3-19
Toddlers: 18 month to 3 years: ................................................................. 3-20
Preschool: 3 yrs to 5 yrs ............................................................................ 3-21
Early Elementary Years: 5-7 yrs ............................................................... 3-22
Upper Elementary Years: 8-11 yrs old ..................................................... 3-22
Teens: 12-18.............................................................................................. 3-24
DAY 4: COLLATERALS and WRITING THE REPORT ................................ 4-1
Collateral Sources of Information .................................................................... 4-3
Guarding against undue influence ................................................................... 4-6
What if you cannot obtain critical information? .............................................. 4-6
Writing the Report ........................................................................................... 4-7
Recommendations ........................................................................................ 4-8
Celeste Kling’s Outline: CFI Report Writing .............................................. 4-8
From which perspective? ............................................................................... 4-14
When can the CFI facilitate and/or encourage settlement? ........................... 4-15
Safety measures ............................................................................................. 4-15
Community Resources ................................................................................... 4-16
DAY 5: PREPARING FOR COURT AND CFI MENTORING ....................... 5-1
CFI Testimony in Court ................................................................................... 5-2
Hearsay and expert testimony .......................................................................... 5-2
Settlement Conferences ................................................................................... 5-5
Conferences with the parties and/or the Court ................................................. 5-6
Documenting every aspect of the investigation ............................................... 5-6
Avoid the impression of alignment with either party ...................................... 5-7
Missing information? ....................................................................................... 5-7
CFI Mentoring ................................................................................................. 5-8
Bibliography ........................................................................................................ 6-1
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DAY 1: CFI RESPONSIBILITIES AND APPOINTMENT
DAY 1: CFI RESPONSIBILITIES
AND APPOINTMENT
CFI Responsibilities
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Define the statutory 14-10-124 Best interests of Child
standard, and 14-10-129 parenting time standards.
Demonstrate an understanding of the limited role of the
CFI.
Explore aspects of CFI objectivity and competence.
Recognize when termination of appointment is necessary.
Explore aspects of CFI confidentiality.
Differentiate between distinct professional roles.
Evaluate dual role conflicts.
Explore highest standards of CFI’s profession.
CFI Appointment
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Understand critical components of the Order Appointing
CFI.
Demonstrate appropriate communications with the Court.
Define ex parte communications.
Develop Policies for the Parties.
Develop Policies for Counsel.
Develop appropriate periodic billing systems.
Identify aspects of appropriate Case Management strategy.
Demonstrate understanding of CFI termination.
Demonstrate understanding of CFI move to PC or DM.
CFI Materials
1a:
1b:
1c:
1d:
1e:
1f:
1g:
Chief Justice Directive 04-08, amended November 2011
CRS 14-10-116.5
CRS 14-10-124
CRS 14-10-129
Chief Justice Directive 04-05, amended June 2011
Chief Justice Directive 04-06, amended July 2006
Final Report on Court Appointed Professionals in Domestic
Relations Cases, 11/12/10
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Case File: redrope with standard files, including: CBI Reports /
Correspondence / Notes / Pleadings / Petitioner Intake /
Respondent Intake
 JDF 1318 R 11/11 (Order Appointing CFI) according to
particular Fact Scenario
Forms:
 1a-form-Checklist for Initial Intake Interviews
 1b-form-Overview of Materials
 1c-form-Overview of Materials for state pay
 1d-form-Information about Court Ordered CFI (Policies
for Parties)
 1e-form-Fee Policies
 1f-form-Fee Agreement
 1g-form-Informed Consent
 1h-form-Disclosure
 1i-form-Release of Information
 1j-form-Data Sheet
 1k-form-Narrative Profile
 1l-Teacher Questionnaire
 1m-form-Complaint Form for CFIs
 1n-form-Policies for Counsel
Fact Scenario Materials
Initial Fact Scenarios
Mansoor Order Appointing CFI
Kauffman-Temkin Order Appointing CFI
Ross Order Appointing CFI
Wells-Murphy Order Appointing CFI
Wells-Murphy Parenting Plan
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Introduction
The Child and Family Investigator (CFI) plays an enormously important role in
the lives of the children in the State of Colorado. As an investigative arm of the Court,
the CFI brings to the judge information critical to his/her decisions regarding the daily
life of the children who have no voice of their own in the courtroom. The parents are
able to have their own advocates represent them in litigation, but children often find
themselves between warring parents, living with a parenting plan they were not
participants in designing.
Decisions that used to be simple are now complicated. Custody used to be
awarded almost solely to mothers. Today, when both parents want equal parenting time,
or each want primary custody, the judge doesn’t assume the mother is the “best” parent
for the children.
And, just as each child is different and each parent is different, each family that
ends up in litigation is different. The judge appoints a CFI in order to learn more
information that would be possible in the ordinary course of a contested hearing. A CFI
can go into the homes of both mother and father, interview the children, and conduct an
investigation. The CFI will want to gather enough information to discern, for these
particular children in this particular family, and under the particular circumstances that
are presenting themselves, what co-parenting circumstances would best serve the
children.
The CFI is charged to investigate the specific issues the judge sets out, focusing
on the Best Interests of the Children standards in § C.R.S. 14-10-124. The CFI
undertakes his/her investigation of those specific factors, and makes the best
recommendations possible after the fact finding. The judge will take this into account,
but need not necessarily agree with the CFI when ruling on the case.
This 40-hour training is inadequate to fully train a CFI to perform competently in
the myriad of ways s/he is called up on to act. The range of competencies include
psychological sensitivity and warmth, a “way with people” (both adults and children) that
elicits helpful information, a discerning mind that will winnow out unnecessary
information, the ability to read a wide range of professional reports, the critical writing
skills that integrate a mass of information into a readable report, and finally, the skill set
that maintains composure and recollection while in the witness stand, sworn to “tell the
truth and the whole truth.” No 40-hour training could transfer such a wide ranging set of
skills and competencies. Each CFI must come to this role with a history that provides
many of these skills.
What this 40-hour training will do is walk the participant through the concrete
steps of conducting the Child and Family Investigation, a brief and focused fact finding
mission, in the way the judiciary wants it done here in Colorado. It will give you critical
feedback on your own abilities to perform this very important role, as well as give you
resources to provide for your further learning. We wish you the best, as you move
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forward in your desire to assist the courts in making the best decisions possible for the
lives of Colorado children and their families.
Brief history of the CFI role
In 1997, the Colorado General Assembly established the role of Special
Advocate, an investigative arm of the Court, to investigate, report and make “independent
and informed recommendations to the court”1 regarding best interests of children whose
families are in the court system.
In response to the fact that “over 50% of all Colorado district court filings involve
families” then Chief Justice Mary Mullarkey created the Commission on Families in the
Colorado Courts in January 2001 “to examine the ways in which Colorado courts serve
families and to recommend changes that would improve policies, procedures, rules and
laws that affect families involved in the judicial system.” 2 The Final Report of the
Commission included 79 recommendations to improve the service delivery for cases
involving families in the Colorado judicial system.
In October 2002, in response to the Commission’s Final Report, Chief Justice
Mullarkey appointed the Supreme Court Standing Committee on Family Issues (Family
Issues Committee [FIC]) to implement the recommendations of the Commission on
Families in Colorado Courts.
At that time, the role of Special Advocate was closely intertwined with CASA
volunteers (Court Appointed Special Advocates who serve the court in dependency and
neglect (D&N) cases). In recommendations 70 and 71, the Commission recommended
changing the name Special Advocate to Domestic Relations Advocate, and contracting
with CASA agencies for when Special Advocates served in cases other than D&N.
In 2005, the Colorado General Assembly changed C.R.S. §14-10-116, to change
the official name from Special Advocate to Child and Family Investigator, to avoid the
confusion between CASA volunteers in D&N cases, and the professional role appointed
by the Court.3
Over the next several years, concerns were raised regarding the scope and cost of
CFI investigations, and the need to distinguish Child and Family Investigations from
Parental Responsibility Evaluations. Some thought the CFI investigations were too
intrusive (including psychological testing and drug and alcohol evaluations) and too
1
Chief Justice Directive 04-08, Amended April 2011
2
Pg. 1. Final Report, Commission on Families in the Colorado Courts, August 2002
p. 55. Smith, Robert M. the Role of the Child and Family Investigator and the Child’s Legal
Representative in Colorado, 1st ed, Colorado Legal Education in Colorado, Inc. 2010.
3
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expensive (some investigations cost many tens of thousands of dollars). Most child and
family investigations were performed by CFIs who were also either mental health
professionals or attorneys (or both), but professional oversight was not clear for nonattorney CFIs.
In January 2010, Chief Justice Mullarkey charged the Family Issues Committee
(FIC) to study the quality assurance and oversight of CFIs and Parenting Coordinators
(PCs) in domestic relations cases. The FIC issued a Final Report on Court Appointed
Professionals in Domestic Relations Cases on November 12, 2010, with six
recommendations regarding CFIs and PCs.
The new Chief Justice Michael Bender, in a letter to the Honorable Stephen
Schapanski dated Feb. 8, 2011,4 approved implementation of four of the
recommendations:
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Recommendation #1:
Recommendation #3:
Recommendation #4:
Recommendation #6:
to recommendations.
Limit the Scope of the Order of Appointment;
Centralize and Clarify Complaint Process;
Maintain a List of Qualified CFIs; and
Modify Chief Justice Directives and Statutes pursuant
Chief Justice Directive (CJD) 04-08 was then amended April 2011, with
significant changes to the CFI role, including:
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Clarification of the limited role of the CFI (brief assessment that is nonintrusive, efficient, and cost-effective);
Establishing a presumptive cap of $2,000.00 for the investigation and report;
Requiring further order of the court and specific findings of extraordinary
circumstances to justify fees and costs that exceed the cap;
Eliminating the CFI authority to perform psychological testing or drug and
alcohol evaluations;
Eliminating the assertion of CFI quasi-judicial immunity in the order of
appointment; and
Eliminating the CFI authority to conduct a meeting with parties when a
protection order restrains such contact without a court order stating the
exception
Further changes were needed to fulfill the FIC’s recommendations on the CFI
role, and CJD 04-08 was further amended on November 30, 2011. Changes included the
following:
4 Letter attached to Supreme Court Standing Committee on Family Issues, Final Report on Court
Appointed Professionals in Domestic Relations Cases, November 12, 2010. (See Appendix ___)
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New presumptive cap of $500 for testimony (and preparation for testimony)
of CFI.
New requirements for CFIs:
o Completing the Affidavit of Mandatory Consent and Disclosure: For
Eligibility of Appointment as a Child and Family Investigator and
Placement on Statewide Eligibility Roster, to be submitted to the State
Court Administrator’s Office;
o Undergoing a criminal background check;
o On or after March 1, 2012, all CFIs must be listed on the Statewide
Eligibility Roster;
o On or after July 1, 2012, CFIs must be listed on both Judicial District
Eligibility Roster and State Eligibility Roster to be eligible for
appointment.
Complaints about CFIs:
o New CFI complaint process.
o New procedures for oversight of complaints.
New sanction procedures.
New grievances, malpractice, and liability insurance requirements.
Changes to Standards:
o Changes to Standard 3 include deleting language that could have been
interpretated as giving the CFI a broader role (parent education and
conflict resolution). Remaining language does give the CFI the
opportunity to “use the information she has gathered in ways that facilitate
or encourage settlements if appropriate.”
o Changes to Standard 4 include:
 Deleted language in mediation clause regarding CFIs helping with
conflict resolution;
 CFIs cannot make referrals or recommendations regarding other
professionals to be involved in the case, unless requested by the parties
or the court.
o Changes to Standard 5 include:
 Informed consent of the parties must be written.
o Changes to Standard 7 include:
 The word “expertise” has been changed to “experience.”
 The word “expertise” has been changed to “training or experience.”
 The CFI may inform the court of professional qualifications that may
be of benefit, but cannot make specific referrals.
o Changes to Standard 8 include:
 The words “whatever investigation is necessary” has been changed to
“a fact finding investigation.”
 The word “evaluation” is removed.
 CFIs may “obtain results of drug testing” rather than “obtain drug
testing.”
 The paragraph stating that the “CFI may use qualified employees, coworkers, interns or trainees” is removed.
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o Changes to Standard 11 include:
 Basing the CFI report on “information and data obtained in the course
of the fact finding investigation.”
 Removes language stating that “in subsequent actions, the [CFI] report
should not be relied upon by the court or the parties unless the CFI is
subject to direct and cross examination.”
o Changes to Standard 12 include:
 Deleting references to psychological testing done by the CFI;
 Regarding release of information, CFI must await “order” rather than
“direction” of court;
 Refers to limits of confidentiality per Standard 14.
o Changes to Standard 13 include:
 Adding back in specific circumstances under which a CFI might
perform drug and alcohol testing:
 If the CFI is qualified to conduct those evaluations, and
 If it is the sole issue ordered by the court.
 [Note: CJD 04-08 Amended April 2011 had completely removed
CFI authority to conduct drug and alcohol evaluations.]
o Changes to Standard 15 include:
 Judicial officers are encouraged to terminate the CFI appointment once
the CFI report is filed, in order to reduce costs.
 Once permanent orders are entered, CFI appointment terminates.
o Changes to Standard 16 include:
 In written policies for the parties, include information about how to
contact court and SCAO for complaint about CFI.
o Changes to Standard 17 include:
 Tightened up language regarding pro se parties and level of conflict
between parties.
 Removed “clarifying the scope of the court’s appointment order” as
one reason why CFI might have discussion with counsel.
o Changes to Standard 18 include:
 Tightened up language regarding CFI to review order of appointment
for scope and clarity.
o Changes to Standard 19 include:
 Clarified reasons why attorney CFIs must not communicate with the
court by way of motions.
Section IX of CJD 04-08 sets out the court’s authority, role and responsibilities
related to CFIs. This language was tightened up regarding the court’s need to clarify the
scope of the appointment and terminate the CFIs appointment.
For more information on the history of the CFI role in Colorado, please refer to
Commission on Families in the Colorado Courts, Final Report, August 2002, and
Supreme Court Standing Committee on Family Issues, Final Report on Court Appointed
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Professionals in Domestic Relations Cases, November 12, 2020, included in the
Appendices.
CFI RESPONSIBILITIES
Chief Justice Directive 04-08 is your foundational document for understanding
your responsibilities as a CFI. Come to know this document well. The job is complex,
and a great deal is being asked of you by the court. Your first responsibility is to the
court, of course, but you also have a great responsibility to each family member you
come into contact with in your investigations.
Least Intrusive
CFI investigations are not, by definition, parental
responsibility evaluations. CFIs are appointed to provide a
simple solution when a parental responsibilities evaluation
is not necessary. The purpose of a CFI appointment is to
provide a brief assessment that is non-intrusive, efficient,
and cost effective. In the event that a CFI finds that a more
comprehensive assessment is required, s/he can provide
that recommendation to the court. The court may then
choose to appoint a parental responsibility evaluator other
than the appointed CFI or take other action deemed
necessary. CJD 04-08, pg. 1
Part of the new directive for least intrusiveness is that CFIs will no longer be
authorized to perform psychological testing or psychological evaluations (Standard 13).
If the court does end up ordering psychological testing, even if the CFI is qualified to
perform such testing, the court will order a different mental health professional to
understake the testing and/or evaluations.
The CFI shall not conduct psychological testing
Standard 13.
Psychological testing is expensive, and can be quite intrusive into the lives of the
family members. Sometimes psychological testing reveals aspects of the family that
could have remained unseen with no detrimental consequences; once it is revealed in
psychological testing, however, the family members can never “not see” it. It is exposed.
This can have shattering consequences for individuals, and sometimes it really has
nothing to do with that person’s ability to parent their children. Yet, they suffer with the
exposure.
The CFI shall not routinely conduct drug and
alcohol or other evaluations.
Standard 13.
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Prior to the April 2011 CJD 04-08 changes, CFIs routinely requested or
performed drug and alcohol testing and evaluations. The April 2011 amendment
completely took away this authorization. The October 2011 amendment, however, put
back into place the authority to perform drug and alcohol testing, with two conditions:
(1) the CFI is qualified to perform such testing; and (2) the court specifically orders it in a
case “when such evaluation is the sole issue for which the appointment of the CFI was
made.” A key word in Standard 13 is “routinely.” “The CFI shall not routinely conduct
drug and alcohol or other evaluations.”
If the CFI believes the child is in immediate danger, s/he should call an
emergency telephone status conference, to inform the court of the concerns, with all
parties present. If the CFI believes the child is in imminent danger, s/he should call child
protective services crisis line and should call an emergency telephone status conference,
to inform the court of the concerns, with all parties present. The judge can then order
emergency measures, if necessary.
Fundamentally, parents have a constitutional right to parent their own children in
the manner they see fit. Parenting styles vary widely, and the CFI makes
recommendations in the best interests of the children, but upholds the “least intrusive”
standard best when understanding and respecting this foundational right. This
constitutional right is in constant tension with the need for rulings the court has when
making decisions about children whose parents cannot agree on the best way to move
forward.
When to Ask for More
Obviously, there are times when psychological testing and/or substance abuse
evaluations will be necessary in order for the court to make the proper decisions in the
best interests of the children in that family. The CFI must feel confident that s/he can
recognize when s/he thinks such additional testing will be critical to the investigation.
S/he must then notify the court, and the court can then take the step of ordering it.
If there are allegations a parent is abusing alcohol or other substances, but they
have no criminal charges and are not on probation, the CFI must look at other factors
such as parent’s availability to children, i.e, is the parent available on the weekends or
does the parent leave the child(ren) with grandparents and doesn’t always come home at
night? Does the parent have steady employment or do they have intermittent
unemployment? Does the parent have difficulty getting up in the morning and meeting
the daily needs of the children (meals, clean clothes, etc.)? If there are reports of
substance abuse AND concerning factors as stated above, the court may grant a request
for substance abuse testing.
Perhaps a CFI is working with a family, where professionals working with the
family have concerns regarding a parent’s functioning. Perhaps the parent has a history
of receiving mental health services either as a child or adult; perhaps this situation
impacts the parent’s ability to meet the children’s needs. The parent might have been in
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residential care as a child, due to their mental health, and current treatment is not being
provided on an outpatient basis AND there is evidence that the parent is unable to meet
the child’s needs due to current functioning. Another example would be if a parent,
professional, or collateral indicates that a parent was previously diagnosed with a mental
health disorder and is not currently taking medication and/or under treatment but the
symptoms impact the parent’s ability to meet the child’s needs; in this case,
psychological testing may be helpful to the investigation and the best interest of the
child(ren).
CFI Objectivity and Independence
The CFI should be mindful of the diverse nature of
families and respect cultural, individual, and role
differences, including those based on age, gender, gender
identity, race, ethnicity, culture, national origin, religion,
sexual orientation, disability, language and socioeconomic
status and consider these factors when working with a
family. Standard 1, commentary
CFIs must “strive to maintain objectivity and independence.” Even further, CFIs
must strive to “guard against the appearance of being aligned with one side over the
other.” (Standard 2)
How does one maintain objectivity and independence? This is an important
question for CFIs, and points to the need for self-knowledge and personal strength. CFIs
must know themselves enough to know when they are biased or prejudiced in a certain
circumstance that their opinions cannot be impartial. Everyone carries bias and
prejudice, in many areas. We cannot help this; in some ways we are “hard-wired” to
judge those outside of our own social, economic, cultural groups. When we recognize
and acknowledge that we do carry these biases, we are much more able to “surmount” the
prejudice.
What firmly held opinions do you carry? Based on age? Gender? Gender
identity? Race? Ethnicity? What training have you had in cultural competency?
Some of the “Guiding Principales” from the 2007 National CASA Volunteer
Manual, include:5
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5
Ethnic and cultural background influences an individual’s attitudes, beliefs,
values, and behaviors.
National Court Appointed Special Advocate Association, Volunteer Manual, 2007 Revision.
Seattle.
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Each family’s characteristics reflect adaptations to its primary culture and the
majority culture, the family’s unique environment, and the composite of the
people and needs within it.
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A child can be best served by a [person] who is culturally competent and who
has personal experience and/or work experience in the child’s own culture(s).
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To understand a child, a person should understand cultural differences and the
impact they have on family dynamics.
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No cultural group is homogenous; within every group there is great diversity.
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Families have similarities yet all are unique.
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In order to be culturally sensitive to another person or group, it is necessary to
evaluate how each person’s culture impacts his/her behavior.
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As a person learns about the characteristic traits of another cultural group, s/he
should remember to view each person as an individual.
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Most people like to feel that they have compassion for others and that there
are new things they can learn.
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Value judgments should not be made about another person’s culture.
Your charge, as an investigative arm of the court, is to continue to work to
increase your cultural competency. By doing so, you will increase the likelihood that
your investigations and recommendations will take into account the best interests of each
child you come into contact with. Children from outside the dominant culture are already
disadvantaged; they deserve a grounded cultural competency and sensitivity from the CFI
working with their family.
Standard 8 re-confirms the importance of objectivity: “A CFI must be careful to
assure both fairness and the appearance of fairness, allowing the parties relatively
comparable opportunities to present their perspectives.”
If the CFI becomes aware of an insurmountable
bias or prejudice in dealing with a case s/he shall request
the court terminate the appointment with proper notice to
the parties. Standard 2
Cultural sensitivity does not require that we see everyone the same. It requires us
to respect the great diversity among the people of our society, and recognize when we
hold biases. What biases might you hold? Do you recognize yourself in any of the
follow assumptions?
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Teen parents cannot do a good job parenting their own children.
People on welfare are generally lazy.
Women who are devoutly Muslim are hurting their daughters.
Men who have hit their partners are incapable of appropriate parenting.
Every child should have their own bedroom and their own bed.
Drinking alcohol during pregnancy is child abuse.
The parent with the greater income provides a better environment for the
child.
If parents differ in parenting style, then one parent should be primary
parent.

Whether you like it or not, if you hold a strongly-held belief that will keep you
from being objective in an investigation, you are bound by the CFI Standards to inform
the court, and request termination of the CFI appointment.
CFI Competence
The CFI shall maintain competence through
training. The CFI shall accept appointments only after
attaining a level of competence that includes an
understanding of both the legal and psychological/social
issues that are typically present in dissolution or parenting
cases, and shall maintain and regularly update his or her
training in relevant areas. Standard 6
Standard 6 tells us that the “CFI achieves competence through some combination
of education, specialized training, supervision, consultation and professional experience.”
The list of relevant areas in which a CFI should demonstrate experience, education or
skills is quite a long list:
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The effects of divorce, single parenting, and remarriage in children, adults,
and families;
Dynamics of high conflict divorce;
Child development, including cognitive, personality, emotional and
psychological development;
Child and adult psychopathology;
Family dynamics and dysfunction;
Domestic violence;
Substance abuse;
Child abuse;
Parenting capacity;
Diversity issues;
Available services and resources for the child/ren and parties including
medical, mental health, educational, and special needs;
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The legal standards applicable in each case in which the CFI is appointed;
Interview techniques for interviewing children and others.
You should be prepared to defend your competence in any of these areas. When
you accept an appointment, you should be confident that you have the specific
“experience, education or skills” in order to investigate the particulars of that case. Part
of Standard 6 states that a “CFI should maintain current, accurate records of training and
on-going education and provide those records upon request.”
What about if you get involved in a case, and realize there are issues for which
you are not competent? It is then your responsibility to inform the court.
A CFI has a duty to recognize and inform the
parties and the court when an issue falls outside of his or
her training or experience. Standard 7
The CFI must “inform the court with proper notice and request that the order of
appointment be amended. In some instances a request for termination of the appointment
may be appropriate.” This language in Standard 7 makes clear that the court must know
when the issues are outside of the CFI’s competence, but it is up to the judicial officer as
to whether the CFI appointment should be terminated or not.
It is appropriate for the CFI to “inform the court of the professional qualifications
that may be of benefit” when the issues fall outside of his/her competence. The CFI
never makes specific referrals for those professionals or providers, however; only the
court may do so. The CFI should either call the Court to schedule a telephone status
conference with the Court and all parties or the CFI should file a Status Report with the
Court detailing the issues that are involved in the investigation that fall outside of the
CFI’s qualifications and ask the Court for further direction.
CFI Confidentiality
The CFI shall maintain the confidentiality of his or
her file and report, and shall disclose either oly to the
parties and their counsel or by court order.
Standard 14
The CFI file is confidential from all non-parties and the CFI must maintain
confidentiality regarding all aspects of the investigation, including the names of the
parties and/or children involved and any aspects of the investigation.
Sometimes people think they are keeping confidentiality if they keep the names
anonymous, but reveal details of the case they are working on. The problem with that is
that it really is a small world. You might be having coffee with a friend, talking about the
details of the case you are working on, but not mentioning names. Right next to you
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might be someone who knows a member of the family you are investigating, and can
discern who it is you are talking about by the details.
Therefore, please remember that you must keep everything confidential. You
may disclose details only to the parties and their counsel, or by court order. Standard 6
mentions “supervision” and “consultation,” so presumably you may disclose details to the
person who is supervising you, or whom you have consulted with, as long as the names
are kept confidential.
Different confidentiality standards for different people means that there is NO
confidentiality to the parties and their counsel from the court. Professionals work with
the family when there is a release signed by the parents to the CFI and a release signed
for the professional (medical, therapeutic, educational, etc.). Confidentiality is limited to
issues not related to the services provided. For instance, the CFI wouldn’t discuss
parenting time difficulties with Mother’s medical provider and wouldn’t discuss Father’s
medical issues with child’s teacher if it didn’t impact his ability to provide transportation
and/or educational support.
Because there is no confidentiality with the court, the CFI must explain to the
children that, although you will be careful with what the child tells you, a CFI’s job is to
communicate to the court what the child’s wishes are, and that information will be
available to their parents as well. Let the child know you might need to include in your
report to the court some of the things you are told. Let the child know that you will be
very careful with everything s/he tells you, and that the child shouldn’t worry about it.
(More will be discussed on this topic in Chapter 3.)
Regarding the collaterals, the CFI keeps confidential information related to the
family of which the collateral is unaware. Of course, the CFI may explain to collaterals
that an investigation is being conducted related to the minor children and their family and
the goals of the investigation (to provide recommendations to the Court in the best
interest of the minor child).
Absolute confidentiality to all others is required. Even if one party has disclosed
information to the person inquiring, the CFI is not to disclose information to others. The
CFI report is submitted to the Court “sealed” and only goes to the parties and their
counsel. The CFI cannot further disclose the report to anyone else without further Court
order. Non-parties cannot see the report if they review the Court file. Subsequent CFI’s
are permitted to view previous CFI reports for that family.
Professional Appointments in Domestic Cases
CFIs are appointed by the court when the judicial officer wants a limited scope
investigation into the family for specific matters. CFIs are not required to be attorneys or
mental health professionals. CFIs are usually appointed pre-decree (before the divorce is
final or in an allocation of parental responsibilities case, before the permanent orders
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hearing), but they may be appointed post-decree when modification of parental
responsibility issues are requested.
Other professional appointments made in domestic cases include:
Parental Responsibility Evaluator (PRE). This appointment is made when the
judicial officer wants a more extensive investigation than a CFI would provide. A PRE
will perform psychological testing and/or evaluations, substance abuse testing and/or
evaluations, which is part of a full-blown custody evaluation. Similar to a CFI report, the
PRE report will include recommendations to the court. And similar to a CFI report, the
court is not bound by the recommendations; the court will make its own decision. PREs
must be done by licensed mental health professionals. PREs cannot make decisions, and
they cannot change a court’s order. The statute governing PREs is CRS 14-10-127.
Parenting Coordinator (PC). Parenting Coordinators are appointed post-decree
to help parents successfully implement their parenting time. PCs coach parents in their
communication skills, in order to reduce the conflict between the parents. PCs help the
parties implement the orders governing their parenting. PCs cannot make decisions and
they cannot change existing court orders. The statute governing PCs is CRS 14-10-128.1.
Decision Maker (DM). Decision Makers are governed by CRS 14-10-128.3 and
CJD 08-01. They are appointed after the court has entered an order resolving parenting
time. The DM assists the parties in the same way as the Parenting Coordinator, but if the
parents cannot agree on how the parenting plan is implemented, the DM is authorized to
make that decision in the best interest of the child(ren) and files the written decision with
the Court. If neither party objects, the decision becomes part of the Court Ordered
Parenting Plan. Examples of decisions would be what time holiday parenting time would
begin and end, which parent has priority for vacation parenting time if the parents request
the same time, and whether a holiday or a birthday would get priority when both are
listed on the holiday schedule.
Arbitrator. Governed by CRS 14-10-128(5), the Arbitrator acts with consent of
all parties and by appointment of the court. The Arbitrator may resolve any dispute of
the parties. The Arbitrator is similar to a Decision Maker but is not limited to the existing
Court Order through the consent of both parties. Frequently the consent will be limited to
one or two issues, such as a modification of regular parenting schedule but not the
holiday and vacation schedule.
Mediator. Mediators conduct a voluntary process which is confidential and
assists in the resolution of disputes. Parties are often ordered to attend mediation during
litigation. Mediators are governed by CRS 13-22-305(6). Mediations assist the Court
and the parties by documenting the areas of agreement and identifying the areas that need
to be addressed by the Court.
Child’s Legal Representative (CLR). CLRs represent the best interest of the
child, investigating and making recommendations to the court. CLRs must be attorneys,
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as they litigate during all hearings. CLRs do not write a report, partially because they
cannot be called as a witness due to their legal representation of the child(ren)’s best
interest. CLRs are governed by CRS 14-10-116.
Dual Role conflicts
A CFI cannot serve as a mediator in a case in which s/he is serving as a CFI
because mediation is confidential. A mediator cannot be called to testify or produce
records created in the course of mediation. The CFI, on the other hand, can be called to
testify, must produce records under certain circumstances, and the confidentiality
standards are entirely different. All information gathered in the course of the CFI
investigation may be revealed to the court; confidentiality is not promised to the family
being investigated.
Even when a CFI is a psychotherapist, the CFI cannot act as a psychotherapist to
any party or child being investigated. Psychotherapists have a duty of confidentiality to
their clients that is in direct contrast to the CFI, as an investigative arm of the court.
Outside of confidentiality, “the attitudes of the interviewer and the intentions of the
interviewee are so different depending on whether the interviewer is performing as an
[investigator] or a therapist, these roles should not overlap.”6 [use language from
Scientific Basis for Child Custody decisions regarding dual roles]
Even when a CFI is a licensed attorney, the CFI cannot give legal advice to the
parties. This would conflict with their role as an investigative arm of the court. Once a
CFI has served the court with a particular family, that same CFI can not accept a later
appointment as the Child’s Legal Representative, per CRS 14-10-116.5.
A CFI cannot serve as an Arbitrator or Special Master in the same case in which
s/he is serving the court as a CFI. This role would compromise his/her “ability to serve
as the information gathering, investigative arm of the court.”
Any multiple relationship with the parties is unacceptable. If the CFI should
discover, after appointment, that s/he has had a prior relationship with one of the parties
or children (as a prior psychotherapist, or an information community relationship, such as
school parent), s/he is under an obligation to request termination of the appointment.
No legal advice
CFIs cannot give legal advice, whether they are licensed attorneys or not. If a
CFI is a licensed attorney, giving legal advice would conflict with their role as an
investigative arm of the court. If a CFI is not an attorney, s/he is legally prohibited from
the unauthorized practice of law.
6
P. 5 Galatzer-Levy
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The CFI can, of course, share appropriate parenting information with the parents.
This could include resources and services available to them in the community. Because
of the CFI’s training in child development and family dynamics, the CFI may offer
suggestions to parents in best-practice parenting skills.
The CFI can also help parents understand procedural legal issues, including
describing the court process and timeframes of the investigation, giving general
information about court rules, terminology, procedures and practices. The CFI cannot
advise parents as to how the judge will rule, what the outcome of the investigation will
be, or what the parents should do to further their own desired outcomes.
Highest Standards
Child and family investigators shall provide their
service in a manner consistent with the highest standards of
their respective professions. Standard 1.
CFIs have traditionally been either licensed attorneys or licensed mental health
professionals. Each profession has baseline standards for initial training and education,
as well as continuing education for continued practice and a Code of Ethics. CFIs are
directed, by CJD 04-08, to maintain the “highest standards” of their respective
professions.
Non-attorney CFIs might not have an established professional community in
which they practice. It is their responsibility, per Standard 6, to accept a CFI
appointment “only after attaining a level of competence that includes an understanding of
both the legal an psychological/social issues that are typically present in dissolution or
parenting case, and … maintain and regularly update his or her training in relevant
areas.”
Standard 6 further requires a CFI to “maintain current, accurate records of
training and on-going education.”
CRS 14-10-124: Best interests of child
The legislative declaration of 14-10-124 “declares that it is in the best interest of
all parties to encourage frequent and continuing contact between each parent and the
minor children of the marriage after the parents have separated or dissolved their
marriage.” Many parents think the other parent isn’t “good enough” as a parent, and that
justifies their attempts to reduce the parenting time the other parent has with the children.
CRS 14-10-124 states clearly that the State of Colorado believes in “frequent and
continuing contact between each parent and the minor children.” In making that
declaration, the legislature has set out multiple factors the court has to consider to ensure
that the “continuing and frequent contact” is in the best interests of the child.
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One of the considerations as to the best interests of the child is to assess whether
domestic violence occurs in the relationship between the parents. Section 1.3 of 14-10124 specifically defines domestic violence and intimate relationship. (Please also see
CRS 13-14-102 (Civil protection orders – legislative declaration) for a more
comprehensive definition of domestic violence.)
Importantly, there does not have to be physical violence to sustain a finding of
domestic violence. There might be threats, power and control over property and finances,
such that the court might find domestic violence.
The section on Allocation of Parental Responsibilities, 14-10-124(1.5), includes
both determination of parenting time as well as the allocation of decision-making
responsibilities. Some of the relevant factors overlap, but there are significant
differences. When focusing on parenting time, although you have to account for the
safety of the other parent, the primary consideration is the healthy contact between the
parent and the child. The CFI must look at the whole picture, in light of each parent
having the opportunity to create and maintain a healthy parenting relationship with the
child.
The CFI should never take one fact and determine, based on that one fact, that the
parent is not capable of parenting and needs some sort of rehabilitation before having
unsupervised parenting time. The investigation needs to gather information and look at
everything in its entirety, to determine whether a parenting relationship can be supported
with additional services, or whether a parenting plan can be designed to facilitate the
parent / child relationship. For instance, supervised exchanges can remove the most
conflict-ridden circumstances in which a child would be exposed to damaging parenting.
Extended family can also be utilized to support a parenting relationship (keeping in mind
that the court has no jurisdiction over anyone other than the parties).
Allocation of parental responsibilities.
The wishes of the child’s parents as to parenting time: The stated wishes of the
parents are important, as well as their unstated, implied wishes. For example, sometimes
one parent will say, “I really want the other parent’s extended family to be involved in
the child’s life,” but then will request very limited parenting time or access for the other
parent. This should be a clue to the CFI that the other parent needs more parenting time,
in order to keep those relationships for the child. The parent recognizes the beneficial
nature of the extended family involvement for the child, but really is powerless to design
a co-parenting relationship that would make this possible. The CFI can be helpful in this
regard, by seeing beyond the stated wishes, to the unstated wishes.
The wishes of the child if he or she is sufficiently mature to express reasoned and
independent preferencdes as to the parenting time schedule: This will be discussed more
in the later section on interviewing the children. It is important with the children, as
well, that the CFI be able to see beyond the stated wishes of the child. Children’s wishes
can and do change daily, monthly, yearly. Their stated desires need to be taken in
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context, and the CFI must not guarantee that their wishes will be fulfilled. Seeing the
child’s stated wishes should not be the primary goal of the CFI. They need to be
incorporated along with all other facts and relevant factors.
The interaction and interrelationship of the child with his or her parents, his or her
siblings, and any other person who may significantly affect the child’s best interest: The
CFI must recognize and understand the relationship the child has, not only with the
parents, but also with other people who have been involved in their lives. If the family
lived with relatives, for instance, the interaction between the parent and the other
relatives is relevant in assessing and allocating parenting time.
Oftentimes, you will see a parent who respects and uses and interacts with
relatives from the other parent’s extended family. Most of the time, that is a positive and
beneficial relationship for the child, in that child’s best interests.
The CFI needs to understand that, when a parent is trying to limit the other
parent’s access to the child, they are also most likely restricting that child’s relationship
with the extended family as well. This may or may not be in the child’s best interest.
The child’s adjustment to his or her home, school, and community: The CFI
needs to look at the whole child’s life, including extra-curricular activities, day care
providers, school activities, friends, and other people in the community who interact with
the child. Would the child be harmed needlessly if these relationships are disrupted?
Can they be preserved by allocating more parenting time to one of the parents?
If the child is not connected to either parent’s home or community, due to the
nature of the recent breakup, this is less of a factor, than a child fully integrated into
his/her home and community.
The mental and physical health of all individuals involved, except that a disability
alone shall not be a basis to deny or restrict parenting time: CFIs cannot be biased
against a person based on a particular disability or disorder. This includes physical as
well as mental health. For instance, if one parent has been diagnosed as bipolar, and is
successfully in treatment, and taking appropriate medications, then their diagnosis is not a
significant factor. But, if there is a child with depression, who has been prescribed
medication, but one parent doesn’t believe in the medication while the other parent does,
this is a significant factor, since it is not appropriate that the medication be administered
intermittently.
If a child has asthma, and one parent always carries the medication, and is
prepared to treat any breathing difficulties, but the other parent is lax in this regard, this
would be a factor in determining recommendations for parenting time.
Note well, however, that the effects of domestic violence on a victim cannot be
held against that parent as a factor, unless it greatly impedes their ability to parent, or
they refuse services to help them with those impacts. For example, if a perpetrator of
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domestic violence impunes the other parent’s ability to parent because she stays in bed all
day (due to the fact that she’s depressed, being stuck in a violent relationship), that would
only be factored in if the victim of the violence refused help in coming out of the
depression.
The ability of the parties to encourage the sharing of love, affection, and contact
between the child and the other party: It is a well-documented fact that when one parent
speaks badly of the other parent, in the presence of the children, whether directly or
indirectly, those children are emotionally hurt. If a parent continues to do this, after they
have been educated about how it is hurting the children, that behavior is a factor to take
into account.
When the father shows up late, the mother should not remind the child of that
fact, or talk about how the dad always disappoints the child. When the mother does not
come for a sports event, the father shouldn’t say, “She never shows up, does she?”
The parent’s responsibility is to soften the blow, not by lying to the child, but by
encouraging their love for the other parent. A more appropriate response might be, yes,
that was disappointing, but you know your father loves you. Your mother wanted to be
here.
This dynamic is an opportunity for the CFI to coach the parents. What words
should they use? A non-judgmental phrase that works in many situations is simply,
“Hon, I wish it were different.” This response to a disappointing situation acknowledges
the child’s feelings, doesn’t blame the other parent, and doesn’t try and fix the situation.
Whether the past pattern of involvement of the parties with the child reflects a
system of values, time commitment, and mutual support: This factor directs the CFI to
look for what has been done in the past by which parent.
Both parents will almost always tell the CFI that they have been fully involved,
changed diapers, rocked the child, stayed up with a sick child, etc. There is often a much
more involved parent, and the questions you ask can help discover those facts.
Who scheduled the doctors and dentists appointments? Who took them to those
appointments? What information was relayed to the other parent? Most of the time, both
parents attend parent-teacher conferences; it is the appointments with the health
professionals that oftentimes reveal who is the more involved parent. Do both parents
know the names and locations of all the health professionals? If the child has been
hospitalized, who stayed overnight? Who attends sports events and other extracurricular
activities? These are all relevant questions to ask the parents.
The physical proximity of the parties to each other as this relates to the practical
considerations of parenting time: The CFI needs to figure out the physical distances
involved, and how they will impact the child. If one parent lives 25 miles from the
school, will the child have to get up at 5:00 a.m. to be there on time? Sometimes the
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physical distance does not impact the child. If one parent moved such a distance that
these factors come into play, the CFI needs to determine the reason for the move. Was it
too much hostility from the other parent’s extended family, and the move was to bypass
running into them at the grocery story?
Whether one of the parties has been a perpetrator of child abuse or neglect under
section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported
by credible evidence: The CFI needs to look at criminal history and any involvement
with social services. Ask both parents if they or the other parent has been involved with
social services.
There are two different ways to be involved with social services. If a complaint is
made, and social services makes an investigation, they might make a finding and close
the case. Or, social services might determine that a family needs help, and if the family is
being cooperative, there might not be an official case opened. This is called voluntary
services. If the family is not cooperative, however, and social services believes the
children are in imminent danger, they will open a case.
The CFI, with releases, can get access to the statewide TRAILS system, from the
county that was involved. It is important to know the specific county, however, in order
to get the full history. Ask both parents which counties were involved. If out-of-state
records are indicated, it could take 6-8 weeks to receive the documentation.
Whether one of the parties has been a perpetrator of domestic violence, which
factor shall be supported by a preponderance of the evidence: Again, look at the criminal
history. The parties will need to present you with the police reports; due to the sheer
number of municipalities that exist, it is not feasible for the CFI to obtain the police
reports. Make it clear, in the initial intake interview, that you expect the parties to
provide any police reports to you directly.
Just as the court needs to determine the credibility of its sources, so the CFI needs
to assess the credibility of the information s/he obtains. Base your opinion on the
statements of collaterals and all the information you collect in your investigation. If you
believe information you have collected is not credible, you need to support that belief in
the written report with the reasons why you find it not to be credible.
The ability of each party to place the needs of the child ahead of his or her own
needs: This is probably one of the most impotant factors for the CFI, because s/he has
the ability to assess this better than anyone. The court is never going to get enough
evidence to truly assess this factor without the CFI. The following list sets out some of
the circumstances you are looking for:

If the child is frequently tardy or absent, what were the reasons the parent has
given for those tardies or absences? Was it because the parent was up too late
the night before? Or was something so special that the parent made the
decision is was more important than school. In that case, did he parent notify
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
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the school, get the missed homework assignments, have a reasonable
explanation?
Has medical attention been delayed? For example, a parent has the child for a
three-day weekend. The child gets sick on Saturday, and is then dropped back
off on Monday, with the message about the sickness. Did the parent do
anything to help the child? Seek medical attention? Adjust the activities for
the weekend, based on the child feeling poorly?
If the child doesn’t like a new parent’s partner. Who says? The other parent,
or the child? If it is the child, what does the parent say: Buck up, kid, you’ll
get used to him/her? Does the parent respect the child’s feelings in this case?
Is a parent bringing the child to the pool, but consistently not putting
sunscreen on? Multiple sunburns, simply because the parent likes being at the
pool, but not taking care of the child?
All parents are fallible; all parents make mistakes. The CFI must look for patterns
of behavior that indicate the parent isn’t consistently putting the needs of the child ahead
of the needs and desires of the parent.
Allocation of decision-making responsibility.
Credible evidence of the ability of the parties to cooperate and to make decisions
jointly: The court wants to know if these parents can cooperate. Can the
communications between the parents foster the best parenting environment for the child?
Some common pitfalls occur regarding communications between estranged
parents. First, there are times when a decision must be made relatively quickly (changing
a doctor, enrolling the child in school or activities. If the parties can’t make decisions
together, can’t come to a timely conclusion, then joint decision-making isn’t appropriate.
You will also want to know if there has been a history of a parent obstructing a
decision from being made. An example is that the mother is at the emergency room and
needs the insurance information, because she has never been given a card. She calls the
father, who refuses to give her the information. He demands that one of the hospital
personnel call him, from a hospital line, and he will only give the information to that
person. He claims this is due to fear the information will be abused. This obstruction
takes place while the child is awaiting services in the emergency room. This is behavior
that indicates joint decision-making responsibilities are not appropriate for this family.
Another example is a mother who disagrees with a diagnosis of ADHD, and
demands a second opinion before she will agree to any treatment. This mother, however,
makes no attempt herself to get a second opinion, make the phone calls, or arrange the
appointment. She is exhibiting obstructionist behavior that makes this family
inappropriate for joint decision-making.
Whether the past pattern of involvement of the parties with the child reflects a
system of values, time commitment, and mutual support that would indicate an ability as
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mutual decision makers to provide a positive and nourishing relationship with the child:
This factor overlaps with the previous section, on determination of parenting time.
Whether an allocation of mutual decision-making responsibility on any one or a
number of issues will promote more frequent or continuing contact between the child and
each of the parties: Will joint decision-making responsibilities promote or hinder the
parenting relationship? What if one parent does not know enough about the child’s
activities and locations, in order for that parent to be involved?
Perhaps the primary parent in that instance is withholding critical information,
and that is keeping the non-custodial parent from parenting time and access. Dad says, “I
can’t even to go parent-teacher conferences, because I don’t know where she’s enrolled
in school!” It could be, in that family, that an order for joint decision-making would
require the primary parent to notify the other parent, and therefore would better promote
the relationship with the non-custodial parent. If there is that much obstruction exhibited
towards the other parent, should the child be living primarily with a different parent?
Sections four and five of 14-10-124(1.5)(b) are similar to the factors already
addressed above, as to whether a parent has been a perpetrator of child abuse or neglect,
or domestic violence.
Sections 14-10-124(2) makes clear that the court will not consider conduct of a
party that does not affect the child (e.g., the parent’s behavior at work, gambling that
doesn’t affect the parent’s ability to support the child financially, parent’s recreational
activities outside the presence of the children, etc.). For instance, if one parent is a
stripper, but never takes the child to her place of work, then her occupation wouldn’t be
considered a factor.
Neither gender is presumed by the court to be a better parent (14-10-124(3)).
Breastfeeding of a young child has come before the court relatively frequently. Part of
the CFI’s job is to assess whether the breastfeeding is about control, or whether it is a
genuine action for the health of the child. Women could pump their breastmilk, in order
to encourage parenting time with the father. Be sure and look at the entire situation. If a
mother is saying she’s breastfeeding, but is also purchasing formula from WIC, that’s a
factor. Each family situation is unique and each fact is situational. CFIs cannot make
judgments based on one fact only.
If a parent requests genetic testing, to ensure parentage, that request will not
prejudice the court in determining parenting time or decision-making responsibilities, per
14-10-124(3.5). When genetic testing is ordered, all three are tested: mom, dad and
child. The mother might want testing to prove the paternity, in order to ensure child
support. The father might want testing to provide his own paternity, if he has concerns as
to whether the mother was involved with someone else who might be the father. In
neither situation will the court let the request for testing prejudice their decision.
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In cases of domestic violence, sometimes one parent leaves the home due to the
violence. In those cases, section 14-10-124(4) states that such leaving or absence from
the home will not be used as a factor in determining the best interests of the child.
Section 14-10-124(6) states that either parent will be able to obtain emergency
medical treatment for the child, whether or not that parent has medical decision-making
authority.
Section seven of 14-10-124 authorizes both parties to submit a parenting plan to
the court. The CFI, however, will want to ask both parties, in the initial intake interview,
to submit the parenting plan directly to the CFI, so they can be used in making
recommendations.
Section 8 of 14-10-124 addresses mediation, which the court may order the
parties to attend. Outside of mediation, however, the CFI will want to document, and
include in his/her report, if the parents agree on certain things (joint decision-making, for
example, or that one parent will always have parenting time on Christmas Eve), so the
judicial officer can put those agreements into the parenting plan, recognizing they are not
contested issues.
CRS 14-10-129: Modification of parenting time.
This statute governs requests for modifications of prior orders which fall into
three distinct categories: relocation, endangerment, and a substantial modification which
would change the primary parent.
Relocation:
This statute sets out what a party is required to do, in order to petition the court
for permission to move their child a distance that substantially changes the parenting time
of the other parent. A relocation petition will be given priority on the court’s docket.
The court has no jurisdiction on the relocation of the parent, but it has jurisdiction
over the child. The court can refuse to let a parent move a child with them.
CFI’s will want to discover why the petitioning parent wants to relocate; the usual
reasons are for employment, family support, remarriage, or a particular school for the
child. The other parent often objects because their parenting time and access to the child
will be limited by the relocation.
Finances can play a major role in why a relocation request is a good idea or not.
If neither parent has much money, then the move would be particularly onerous on the
parent remaining here, because transportation would be too expensive. If the objecting
parent is currently exercising all their parenting time, it could certainly change a child’s
life and relationship with that parent. Look at the history and quality of the parents’s
relationship with each other and with the child. Review the current parenting plan and
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current involvement as to whether the parent is exercising the parenting time they already
have allotted to them.
Educational opportunities that are the purpose of the move need to be considered,
but are just one factor in the whole picture. This might become more of an issue when a
child has disabilities, either learning or physical. Metro areas generally offer a wider
range of specialized opportunities; if a parent is moving to a rural area where services are
not available, that might be a problem.
What about the presence or absence of extended family? This can be very
important. Who does the child have relationships with? Could these relationships be
preserved if the move took place, and how would that happen? What is the intent of the
relocating parent? Have they encouraged these relationships in the past?
If a parent is going to move, whether the court gives them permission to take the
child with them or not (perhaps in a job transfer, or re-marriage), the CFI must look at
what the impact will be on the child. Which parent is the child more attached to? Are
there siblings the child will be moved away from? Maternal or paternal or adult siblings?
What grade does the child attend at school? If s/he is a junior in high school, is it a good
time for that child to move away from their peers?
CFIs must consider whether a proposed parenting plan is realistic. Just because
terms can be agreed upon doesn’t mean it is realistic that it will be followed. If there are
no funds by either party to support travel in a parenting plan, then it is unrealistic. It must
be supported by the history of the parties as well as their resources.
In one family, the mother moved to Albuquerque. It was quite a drive for the
father to exercise his visitation, involving a long drive to pick his son up, and a long drive
back to his home here in Colorado. The mother requested the court to order that some of
their parenting time be in New Mexico, so the father could attend some of his son’s
sporting activities. The father had limited funds, however, and no friends or family in
Albuquerque. He couldn’t afford hotel rooms for several days, and felt his son would not
enjoy living for those days in a hotel room, without all the normal “stuff” of life they both
had back at the father’s house. The mother wasn’t willing to help with the hotel costs, or
with alternative lodging. What recommendations would you make in this case?
Endangerment:
Section 14-10-129(1)(b) covers restriction of parenting time if that time would
“endanger the child’s physical health or significantly impair the child’s emotional
development.” (It also makes clear that you don’t need to allege endangerment to
petition the court to relocate.)
In cases where restriction of parenting time due to concerns about child
endangerment, there are usually professionals already involved with the family.
Therapists, law enforcement due to allegations, social services, reports the school has
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made. The CFI can usually obtain quite a lot of information from these collateral sources
to help in the assessment as to whether safeguards can be implemented to resume the
other parent’s parenting time.
The CFI’s job is to ascertain, after obtaining and reviewing critical collateral
information, whether certain safeguards will allow continuing contact with the parent. If
Mom can provide drug testing that shows she’s clean, is that enough? Is her drug use the
only issue?
If child abuse has been alleged, and both social services and the police find the
allegations unfounded, does parenting time need to be restricted? Is the child having any
emotional resistence to the parent accused of child abuse? What if the child is saying,
“Yes, I’m scared?” How do you address that?
Part of the CFI’s role is not just investigation and making recommendations, but
also trying to see how the parent-child relationship might be repaired, with the proper
services.
The party with whom the child lives the majority of the time: A parent might
request a substantial change in parenting time for educational reasons (we found the
perfect school, its closer to me, but Mom won’t agree) or medical reasons (the child has
been diagnosed with a condition, and I have better skills to deal with it) or employment
reasons (I’m unemployed now, and have lots more time I would like to be able to spend
with the child).
Once a motion for modification has been filed, whether it is granted or not, that
same motion cannot be filed again for at least two years.
CFI Appointment
The CFI must understand the statutory authority of CRS 14-10-116.5
(Appointment in domestic relations cases – child and family investigator), as well the
critical components of the Order Appointing Child and Family Investigator (JDF 1318).
CRS 14-10-116.5
CRS 14-10-116.5 states that the court may appoint the CFI on its own motion, or
upon the motion of either of the parties. The court must set forth the specific duties of
the CFI in a written order of appointment.
Section (2) of 14-10-116.5 recognizes that, other than attorneys or mental health
professionals, other individuals may be appointed to the CFI role if they have
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“appropriate training, qualifications, and an independent perspective acceptable to the
court.” This section sets out the role of the CFI: to investigate, submit a written report,
and make recommendations, taking into consideration the relevant best interests factors
set out on 14-10-124.
The CFI must consider the wishes of the child, but the CFI need not necessarily
make recommendations based upon those wishes, if the CFI believes those wishes are not
in accordance with the child’s best interest. The CFI does, however, need to disclose
those child’s wishes to the court in the written report.
In the Order Appointing CFI, the court must make provisions for the costs, fees,
and disbursements of the investigation. The Order will indicate which party will pay
which portion of the fees, or, if either of the parties are indigent, whether the other party
or the State will pay those fees.
Order Appointing CFI Pursuant to §14-10-116.5, C.R.S.
SCAO form JDF 1318 is the Order Appointing Child and Family Investigator
pursuant to §14-10-116.5, C.R.S. When you are appointed, your first task is to carefully
review this order, making sure you are competent to accept the appointment, and also
making sure critical information is included in the order.
Upon appointment, the CFI shall review the court’s
order of appointment and ask for clarification or
modification of the order when necessary. Standard 18.
Information about the CFI: Note the contact information the court has filled
out for you, to ensure they have the correct information.
Information about the children and the parties: Information regarding the
children and the parties follow. Take careful note of this information; if you have had
any prior relationship with either the children or the parties, you must notify the court
immediately to inform the judicial officer that you cannot accept the appointment.
Protection / Restraining Orders: It is very important to note, on page two,
whether there is a protection order or restraining order in place involving the parties
and/or the children.
Responsibilities of the CFI: Next are the five paragraphs setting out the CFI
responsibilities. In paragraph 2, the court will set out the specific issues for which the
CFI appointment is made. If these issues are beyond your competence, or if the scope of
the appointment is not clear, you must notify the court immediately that you cannot
accept the appointment.
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Paragraph 5 sets out the date by which you must file your written report, the date
of the next hearing and whether or not you are directed to attend this hearing (either in
person or by telephone).
Responsibilities of the Parties: Page three of the Order sets out the
Responsibilities of the Parties, stating that each party or their counsel shall initiate contact
with the CFI within 10 days from the date of the Order. Many CFIs, however, initiate
that contact as soon as they receive the appointment, without waiting those 10 days for
the parties or their counsel to initiate the contact. This section states that the CFI may
report to the court if a party fails to cooperate with the CFI.
The parties are also obligated to provide to the CFI any new orders addressing
parental matters that are issued after the date of the Appointment Order. The CFI should
also request of parties or their counsel information regarding any other cases which have
a relationship to the current case.
Releases: The parties must sign releases in order that the CFI may obtain
information critical to the investigation.
Modification / Termination of the CFI’s Appointment: The court can modify
or terminate the CFI appointment at any time during the case. The CFI appointment
terminates when the CFI report has been filed with the court, or upon Permanent Orders,
or when the motions of post-decree issues have been resolved. The court may make other
conditions upon which the appointment shall terminate.
Payment of Costs and Fees: The fees charged by the CFI are in the nature of
child support (which means there are stronger legal avenues to pursue payment than if the
fees were not “in the nature of child support”).
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Privately paid CFIs:
o May not charge more than $2000.00 for the investigation and report,
without further order of the court finding extraordinary circumstances.
(If a higher amount is allowed, it must be set out in a separate order.)
o May not charge more than $500 for testimony (and preparation for that
testimony), without further order from the court.
State paid attorney CFIs must comply with the policies and procedures of the
Office of the Child’s Representative.
State paid non-attorney CFIs must comply with CJD 04-05 (hourly rate
maximum of $25/hr; total fee capped at $1,250.00).
If neither party is indigent, the order sets out either a flat fee, or a retainer to be
applied to an hourly rage, and the date by which the retainer must be paid. The order sets
out how the fee will be split by the parties.
If both parties are indigent, the state will pay the CFI fees. If one party is
indigent, but not the other, the court may order the non-indigent party to pay all costs.
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The court may approve a sliding fee, and set out the terms thereof. The court may also
reallocate the apportionment of fees at a later time.
The CFI is ordered not to begin the investigation until the fee or retainer is paid in
full. If the CFI is not able to begin, due to non-payment, the CFI must notify the court,
upon which it may set a forthwith hearing to compel payment or order sanctions.
Inability to accept reappointment: Standard 5 of CJD 04-08 makes clear that
the family can sometimes benefit if the CFI can move to a position of Parenting
Coordinator (PC) or Decision Maker (DM) after the CFI appointment has been
terminated. The CFI’s relationship with the family, and his/her familiarity with the
family’s particular dynamics, can make this an appropriate move. This move can only
occur with the written informed consent of both the parties and the CFI.
However, if this is the case, and that family once again ends up before the court,
and the court wants another Child and Family Investigation, the same CFI cannot be
used. If the CFI has taken a new role with the family, then s/he cannot be re-appointed as
CFI.
Communications with the Court
The CFI must have no ex parte communications with the court.
An ex parte communication is any communication
in which at least one party does not have notice and an
opportunity to participate in the communication.
Standard 19.
There are times when the CFI will want to initiate communication with the court
before the final CFI report is submitted. For instance, if the CFI believes a child is in
immediate danger, s/he should call an emergency telephone status conference, to inform
the court of the concerns, with all parties present. (If the CFI believes the child is in
imminent danger, s/he should call child protective services crisis line and should call an
emergency telephone status conference, to inform the court of the concerns, with all
parties present. The judge can then order emergency measures, if necessary.)
Several methods of communicating with the court are set out in Standard 19:
short written reports with copies to the parties and counsel; attendance at a status
conference or court hearing; or the CFI may arrange a telephone conference call. The
CFI may also request “an opportunity to address the court and then give the parties and
counsel reasonable and proper notice of the date and time set.
CFIs may not communicate with the court by way of motions, even if the CFI is
an attorney.
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Policies for the Parties
Standard 16 requires CFIs to develop written policies and procedures, to be
provided to the parties.
When first appointed, a CFI should provide to the
parties with written information that clarifies, along with
the court’s appointment order, the nature and scope of the
services to be provided and the limits of confidentiality in
court-appointed work. Standard 16.
Provided in the handouts to this Participant’s Workbook are sample policies for
the parties that you may use to modify as appropriate for your own practice.
The written document provided to the parties should include the following:
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CFI Policies;
CFI Procedures;
CFI qualifications;
The reporting obligations to which the CFI is bound;
The process by which a party may contact the CFI’s applicable regulatory
or disciplinary agency;
The process by which a party may lodge a concern or complaint about the
CFI’s actions with the State Court Administrator’s Office; and
The process by which a party may contact with court with a concern or
complaint about the CFI’s actions.
The written document provided to the parties should include information
regarding fees, billing policies, and procedures used for non-payment. The CFI billing
statements should “list all services performed,” showing how the time was spent and the
charges incurred for all the services.
Policies for Counsel
The CFI shall develop written information about
how communications and sensitive information from
counsel or parties not represented by counsel will be
handled. Standard 17
Provided in the handouts to this Participant’s Workbook are sample policies for
counsel that you may use to modify as appropriate for your own practice.
When one party is not represented by counsel, they are considered pro se (i.e.,
they are are representing themselves in the matter. In that case, you must treat that party
as counsel; they should receive the Policies for Counsel you have developed. Any
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normal communication you would have, as a CFI, with counsel for a party, you must
include that pro se party.
“There are many reasons a CFI, when first appointed, might find it helpful to
consult with counsel. They include, discussing timing issues, or raising problems or
concerns which develop during the course of a CFI’s investigation.” Standard 17.
Just as there is no non-disclosed communication with the court, Standard 17 tells
us that “there should be no non-disclosed conversations with one party’s counsel.” This
is to “avoid bias or the appearance of bias.” A simple way to handle this would be to
reduce all communication with counsel to writing, and copy the other party on it.
However, Standard 17 also makes provision for non-disclosed communication as
long as “the CFI, the parties, and counsel all agree to some different procedure
concerning communication between the CFI and counsel.” In this case, “they should
reduce the agreement to writing before the CFI begins work on the case.
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DAY 2: INVESTIGATION:
INITIAL INTAKE
Learning Objectives
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Establish a constructive working relationship with family.
Discern and document critical information from interviews.
Identify procedures to ensure honest information
exchanges.
Identify procedures to allow for each party’s perspective.
Maintain objectivity and independence during interviews.
Demonstrate proper data collection and documentation
procedures.
Sensitivity to perceptions as person of influence over
family.
Recognize Special Circumstances and diversity of families.
Understand the need for danger assessments.
Recognize critical aspects of Domestic Violence in the
family.
Recognize critical aspects of Substance Abuse in the
family.
Identify the factors in a high-conflict relationship.
Demonstrate an ability to use neutral dialogue with difficult
parties.
Recognize mental health challenges that impact parenting.
CFI Materials
2a: DV-Benchbook-Adapted
2b: Danger Assessment
2c: ABA-Custody Myths
2d: OPVD Bulletin Summer 2009
2e: Judicial Guide to Child Safety
2f: Healthy Moms Healthy Kids
2g: AFCC Brief Focused Assessment Guidelines
2h: Custody Disputes Involving Allegations of DV
2i: Questions re DV Screening and Assessment
2j: Predictors of Recidivism in DV Cases
2k: DF Visitation Risk Assessment Instrument
2l: Assessing Risk to Children-worksheet
2m: Effects of DV on Children
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2n: High Conflict Custody Cases and DV
2o: Relocation Cases
Fact Scenario Materials
Ali Mansoor Intake Script
Mary Smith Mansoor Intake Script
Grant Kauffman Intake Script
Ginny Temkin Intake Script
Tim Ross Intake Script
Gayle Ross Intake Script
Gregg Murphy Intake Script
Tina Wells Intake Script
Powerpoint Presentations
Day One Morning
Day One Afternoon
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You are working with the family at a difficult and stressful time.
“The CFI should understand that s/he is working
with families at a difficult and stressful time. S/he should
attempt to establish a positive and constructive
professional working relationship with the family
members.” Standard 1 commentary
Divorce is the second most stressful event in life. When people end up in court
regarding disagreements and conflict over their children, their lives are in turmoil.
Whether they were the one who requested a Child and Family Investigator or not, the
experience of being investigated is extremely uncomfortable. Part of your job is to
recognize that these folks are not at their best. Their thinking can be clouded and
oftentimes they don’t have their usual strengths to rely on as much as they are used to.
Add to that the fact that people will often tell you what they think you need, in
order for you to come to the conclusions and outcome they desire, and you see that you
have to be patient, with excellent communication skills, in order to get the information
you are looking for. “Especially in so emotionally fraught a matter as the custody of
one’s own children, it is rare that a litigant is willing or able to forgo efforts to achieve
their desired result in favor of providing the [investigator] with objective information.
[Investigators] should proceed on the basis that the information being provided is
intended to influence rather than to provide as accurate a picture as possible of the
situation.”7
Your job is to ask the right questions, so you get the right information. It is fine
to question everything. When you meet the family, you want to put them at ease, as
much as possible. Let them know that you want the best for their children, just like they
do. Let them know you assume they are good parents, cooperating with the Court. Let
them know you are going to do everything you can to discern what is best for their
children, so your recommendations will be good recommendations.
Establish a positive and constructive professional working
relationship with family members.
Your initial intake meeting with each party, individually, will be the foundation
upon which you work with this family over the next weeks and months. You will want to
develop your intake protocols to ensure they understand your role and that your goal is to
make recommendations that are best for their children.
7
P. 6 Galatzer-Levy
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Look for ways to genuinely give them positive feedback. If a parent tells you a
fact that is negative, and reflects poorly on them, be sure and compliment them on their
honesty, and that you appreciate their willingness to be vulnerable. They will feel more
at ease, and feel that it is safe to be honest with you.
The compliments must be genuine, however, or they will detect it. If you give
them disingenuous compliments, you will be building a foundation of distrust, rather than
trust. Find something positive about which you can comment. Find something about this
person you can and do like, and let them know. This is a skill that is difficult to teach,
but which is actually very important to your work as a CFI. You need to like people, like
families, like children, and be able to find something positive in each person you come
into contact with.
You are in a position of influence over a family’s future.
You will be perceived as a person of influence over the family’s future, and to
some extent, you are. You will want to let them know, however, that you don’t make the
final decisions, you simply make recommendations to the judicial officer. You might
also want to let them know that very often, the judicial officers rule differently than the
CFIs recommendation. You do not have any power over the parties.
You can help the parents to agree, you can help them work out specific solutions
to problems they might be having, if it makes sense in the overall relationship. If parents
agree to something, you can help facilitate that being reduced to writing, working out the
details with suggestions of what might be best for the children.
The CFI must always remember, however, that the main goal of their appointment
is as an investigative arm of the court.
Respecting the diverse nature of families
“The CFI should be mindful of the diverse nature of
families and respect cultural, individual, and role
differences, including those based on age, gender, gender
identity, race, ethnicity, culture, national origin, religion,
sexual orientation, disability, language and socioeconomic
status and consider these factors when working with a
family.” Standard 1, commentary
When the people in the families you are investigating feel respected by you, it
will be because you truly do have respect for the basic humanity of each one of us.
However your religious or cultural beliefs and lifestyle might differ from theirs, it is
important that you value diversity and remain open and curious about all you meet,
instead of letting yourself fall into prejudgments.
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What is the difference between stereotyping and cultural competence?
Stereotyping is a prejudgment of a person; when you see some defining fact about them
(color of their skin, their particular religion, for example), you believe you know what
they are like. Stereotypes are rigid. When you are stereotyping someone, you have
closed your mind and you are not open to new information about them.
Cultural competence, on the other hand, means staying open and curious about the
people you meet. When you possess cultural competence, for example, and you think
you know something about someone, you think of it more of a hypothesis than fixed
knowledge. You continue to look, in order to better learn and understand.
If a family you are investigating lives within a belief system and lifestyle that
impairs their ability to make decisions in the best interests of their children, then it
becomes an issue that will be explored and documented in the final written report.
For example, many parents believe in a “family bed,” where the children sleep
with the parents. Whether you believe in a family bed or not, you will need to withhold
judgment on the practice and investigate through a lens of the best interests of the child.
How old is the child? If old enough to talk, how does the child express their feelings
about the practice? Does the child seem well-adjusted? If the child is an adolescent, that
raises entirely different developmental issues than if the child is an infant. Either way, as
a CFI, you can’t be judgmental. Unless the parenting behaviors are inappropriate for the
specific children, you can’t judge the parenting style.
Or, perhaps a child has been diagnosed with ADD and/or ADHD, and one parent
believes that if the child is on medication, he will perform better in school, while the
other parent is adamantly opposed to the medication. What is the school saying about the
situation? Is the child close to being expelled for hyperactive behavior? What does the
child say about the situation? (If both parents agree that the child should not be
medicated, it makes no difference what the school thinks about the matter.)
More specifically about class and ethnicity, a culturally competent CFI will know
his/her own background and culture, as well as having warmth and empathy for others,
with an acceptance of the differences between people. If you have not had specific
education in the ethnic and cultural families you might become involved in, it is
recommended that you plan continuing education for yourself. Where to start? What
can you find in your local area to learn more about:







The Arab World and Arab Americans
African families
African / American families
Asian Families and Values
Native American Communities and ICWA
White Privilege / Heterosexual Privilege
Sexual Orientation Development / GLBTQ Youth / Transgendered People
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As a CFI, you will be gathering sensitive information, and you need to be
respectful even if you believe the information is not supportive of a co-parenting
relationship. Avail yourself of continuing education in the arena of cultural competency;
it will increase your ability to work with a wide variety of families in the most positive
manner.
Parents with Developmental Delays
The fact that a parent is delayed developmentally, or cognitively, does not mean
they are unfit to raise their children. Perhaps the parent has the functioning level of a 14year-old. If they have appropriate supports in place, they could very well be competent
to raise their children. But, what about a functioning capacity of an 8-year-old?
Probably not capable.
These are difficult cases for the CFI, because oftentimes, the parents are doing the
best they can. They love their children, are trying hard, and yet, still are not capable.
Sometimes both parents are developmentally delayed. You have to look at the
whole picture, and the community supports available to both parents, as well as extended
family who will help the children. In one situation, where both parents are cognitively
delayed, a dad could live with his mother, who is very supportive; she will help raise her
grandchild as much as she can. The mother, however, has some mental health issues, and
had no extended family support. Her housing is not stable, and she simply doesn’t have
the same family support the father of the child has. She loves her baby, wants to raise
her, but she simply doesn’t have the capability.
Discern and document critical information from interviews.
“In forensic situations, most subjects are highly motivated to have their point of
view prevail. They are likely to use whatever means they think will be effective to
convince the evaluator of the merits of their own position. More or less subtle forms of
dishonesty are common in custody evaluations. These range from overt lies to significant
omissions to enhance presentation of the subject’s point of view.” 8
The CFI must recognize that parties are usually presenting themselves in the most
positive light while presenting the other party in the most negative light. This is human
nature for someone under investigation. The CFI can have compassion for the person,
while at the same time maintain a professional caution towards all the information they
are receiving from each party.
8
pp. 5-6 Galatzer-Levy.
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Complete and timely documentation is critical to a successful CFI investigation.
Memory is fallible for everyone, including investigators. The best strategy is to
document everything as close to the moment as possible. Take notes while you are
talking with people, and as soon as the interview has ended, go over the notes and fill in
the notes to make them more complete. If you have questions, call the person to clarify
anything you don’t remember clearly. “The more carefully, systematically, and
contemporaneously events are recorded, the less likely examiners are to introduce
significant distortions into situations.”9
Your case management strategy will include protocols for recording the fact that
you participated in telephone calls and conversations if you take those calls outside of
your office. If you are not at your desk, how will you record significant information? If
you take a call while you are in the car, or in the grocery store, how will your protocols
ensure the information is properly documented in the file?
How will you organize your file? How will you keep your notes? Your file is
discoverable, and all facts must be documented properly in the file. Nothing should end
up in the factual portion of the report to the court that is not fully documented in the file.
There are many different systems of organization and documentation. You need to make
sure yours is complete enough that you can testify confidently to anything that happened
in the investigation, and every fact you put in the report, by relying on the completeness
and accuracy of all the information in your file.
You will meet with each parent individually for the Initial Intake Interview. You
will also meet with them most likely at their home, where you will also meet with the
children. You will also receive each party’s narrative explanation of their situation; this
process gives them time to think and consider the facts, at a time when they can be quiet
and not put on the spot. This process will allow honest information exchanges, where
each party has an equal and comparable opportunity to present their perspective on the
family situation.
The child and family investigator’s primary
responsibility is to assure that the “best interests” of the
child/ren s/he has been appointed to serve, as defined in
section 14-10-124, C.R.S.(1998) are thoroughly explored,
understood, and accurately conveyed to the court.
-- Standard 1 commentary
A CFI must undertake the investigation to understand the fact circumstances
through the eyes of the child. Sometimes this means recommendations that are not
particularly “fair” to one of the parents. Perhaps a child is much more attached to one
9
P. 7 Galatzer-Levy.
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parent than the other. In a relocation case, that must be given credence. It might not be
fair to the parent who stays in the area when the child is allowed to move away.
Each and every recommendation needs to be considered by the CFI imagining
how the recommendation will impact the child, based on the totality of their
investigation. For example, the CFI has met this particular child three to four times.
How is this child going to handle an exchange on Christmas morning at 10:00 am? Her
parents don’t get along. When you are imagining Christmas morning for this child, you
realize it won’t work. Will it make the holiday better for her? No. It will not.
Regardless of whether she is transitioning from dad’s house to mom’s house, or vice
versa, an exchange on Christmas morning is going to make her life worse, not better. In
this instance, the CFI would recommend a full swap of Christmas eve and Christmas day,
so one parent would have the whole Christmas holiday one year, and the other parent
would have the whole Christmas holiday the next year. It will give this particular child
relief to be able to experience the holiday without the unbearable conflicted transition in
the middle of it.
Another example might be a father who is fighting to have more hours of
visitation on the mid-week dinner visit with his son. This particular child has a lot of
homework, every night. The CFI has to think about this particular boy, and what his
responsibilities and needs are. Both parents have told you he has lots of homework each
school night. So, if the father is having a dinner visit, it will cut into the homework time.
The boy needs enough time at Mom’s house, after dinner with Dad, to get his homework
done.
Each circumstance is different. The CFI needs to be able to look at the whole
situation, filter through information from both parents, other family members, collateral
sources, and be able then to imagine what it is like for that particular child, in those
particular circumstances. This imagining process is critical just before making the
recommendations that will end up in the CFI report.
“When attempts to be fair to the parents take precedence over the child’s needs,
like the infant in the Solomon legend the child may be sacrificed to achieve equity for the
parents.” 10
High Conflict Relationships
All relationships experience conflict, whether they are workplace or neighborhood
relationships. Many of the families you will investigate as a CFI will be in the frustrating
category of high-conflict relationship. Parents in high conflict relationships are
characterized by a tendency towards enmeshment rather than autonomy. This can go on
for years after the divorce; these parents have not emotionally separated yet. Verbal and
10
P. xxiii. Galatzer-Levy. The Scientific Basis of Child Custody Decisions.
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physical aggression can be long-standing patterns. These folks often have poor
boundaries and a high degree of competitiveness; this competitiveness often involves the
child(ren) and can bring the children directly into the middle of the disputes. Parties in
high conflict relationships can go on subtle or overt campaigns to alienate the child from
the other parent.
Parties in high conflict relationships are the ones who are always in court, even if
they divorced years ago. They can’t agree on anything, can’t recognize the other parent’s
contribution to the child’s life. They are diametrically opposed on everything.
The CFI needs to understand there is a difference, and be able to separate parties
from low- to moderate-conflict relationships from the truly high-conflict relationships.
More “normal” parents might have serious misunderstandings, and this is why they have
requested a CFI appointment. Perhaps a mother doesn’t understand why she’s “giving
his girlfriend parenting time.” That is not a necessarily a high-conflict situation; this
mother could simply need more information; the investigation of the CFI, which provides
extra eyes on the family, could help to diffuse this conflict.
CFIs are often appointed the first time parents disagree, when the relationship is
dissolving, and it doesn’t mean they can’t be good parents. Usually, a CFI can help these
parents start to co-parent and calm the situation down. The CFI can tell the mother,
“Yes, he wasn’t a very good partner, but he surely does love those kids, doesn’t he?” Or
the same with the father, “Yes, she wasn’t a very good wife, but she sure cares about our
children.”
As a new CFI, if you find yourself investigating a high conflict couple, you will
want to consult with a more experienced CFI in this matter. You will want to tread very
carefully in these waters, because high conflict couples are stuck in the fight. They are
constantly on the lookout for more ammunition to use in current and future litigation.
They will often take every word you say, and use it against the other parent (or you, in
the form of a complaint).
Use Neutral Dialogue with Difficult Parties
Take good care of yourself. Conducting Child and Family Investigations is very
difficult, and can be extremely emotionally taxing. It is actually critical to your job to
take good care of yourself, because when you are emotionally balanced, you will be a
calmer person. When you are a calmer person, you will be able to maintain your
composure during the difficult conversations that will arise as you encounter difficult
parties.
You must aspire to develop and increase your skills in using neutral dialogue in
difficult conversations. You want to be able to think clearly and respond in the moment,
rather than being triggered emotionally, which oftentimes triggers a fight or flight or
freeze response.
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You want to be able to recognize difficult emotions, rather than being afraid of
them. They will come up. You will be challenged. Part of your job is to never take
things personally, and resolve to learn from every difficult encounter.
You’ll want to be diplomatic as you bring things into the open that the parent
might want to keep hidden. Watch for nonverbal cues that indicate a dissonance between
what a person is saying and what they might be feeling (e.g., saying yes while shaking
head no, or smiling or laughing while saying something very sad or angry).
Learn reflective listening: stating back to the speaker what you believe you heard,
and asking if you understood. This gives the person the opportunity to correct
misinterpretations or simple misunderstandings. You want to completely understand
what is being said to you. If someone is talking very fast, ask them to slow down. If it is
coming out in a confused manner, you might want to start back at the beginning, and lay
the foundation slowly of what they are saying. If you reframe, as well as reflect back to
them what you heard, you can sometimes help them organize their thoughts better.
When you think you understand what they are saying, you can use some of the
following phrases to ask for confirmation:



If I understand you right, you …
Would it be accurate to say that … ?
I get the feeling that you …
When you do not understand, and want clarification, you might use some of the
following phrases:



Can you say more about …
I don’t quite get what you mean. Is it … ?
Can you expand on that idea?
Listen to what the person is saying with interest and respect. Your empathy can
go a long ways towards building a trusting relationship.
It will also be important for you to use neutral dialogue when the balance of
parenting skills and appropriate behavior of the parties is widely skewed (e.g., when one
party is generally doing all the right things, and the other is obstructionist).
For instance, perhaps one parent is using exchanges to purposely enrage the other
parent. In this circumstance, the parties meet at a local library parking lot to exchange
their child. The parenting plan sets out a 10-minute grace period for being late. The
father, who has primary custody of the child, is always on time to the exchanges. The
mother is hostile and confrontational and “rights oriented” rather than “child oriented.”
She is continually arriving at the exchange site 15-20 minutes late, and finding that the
father and child have left. She then shows up at the father’s house within the hour with a
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police officer, to enforce her visitation. She tells you, the CFI, that she has a right to see
her child, and she has a right to use the police to enforce her parenting time, if necessary.
How do you use neutral dialogue in this situation? The father is following the
letter of the parenting plan. The mother does have the right to see her child.
When talking with the mother, instead of telling her she’s the one who is wrong,
you try and turn it around. How would you feel if he was always showing up late? You
know you hate it when someone is late. How do you think your child feels when this
happens? How do you think your child feels when the police are continually involved?
It is always important, in conversations with conflicted parents, to bring it back to the
child, to try and get them to see the situation through their child’s eyes.
When you are speaking with the father, let him know about your conversation
with the mother, and that you challenged her to come up with a reasonable solution.
Then, you need to talk to him about his own role in the conflict. Yes, he has a right to do
just what he’s doing, but how does he think his child feels about it all? He says, well, if I
stay 20 minutes waiting for her, then she’ll start showing up 40 minutes late.
Then, you can ask him about doing the exchange at his home, instead of the
library. Why can’t she pick up at his house? Then, he could simply be there, and he
wouldn’t be burdened by having to wait the way he is now. He responds with, I don’t
want her at my home! And, I have the right to have this exchange at a neutral place.
Yes, you have that right. But, this whole process upsets your daughter. Bring it
back to his daughter: Which scenario would benefit her the most? You let him know
you’ve challenged mom for a solution. You let the mom know you’ve challenged dad for
a solution. Neither of the parents feel you are on their side; neither of them feels you
have sided with the other.
You have to have difficult conversations with both parents. In some CFI
appointments, one parent is generally “right,” and the other parent is obstructing. But
you can’t let them know you see it that way. You won’t get cooperation; they wil think
you are biased. You won’t be able to change their behavior and that won’t help the child.
Yes, one of them is probably more “right” than the other, but you need to let each of them
know you are talking strongly to the other to make compromises in the best interest of
their children, and that you are not taking sides. You are the neutral, even when its
difficult.
Ken Cloke is a leader in the mediation and conflict transformation field. The
following chart sets out differences in language, its purposes and consequences.11 If your
Adapted with permission from Ken Cloke’s presentation, “The Language of Conflict and the
Narrative Structure of Conflict Stories,” ACR 2011 Nat’l Conference, San Diego.
11
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language takes the form of the Language of Interests, while you are working with family
members and difficult parties, you will be more successful in building a good
relationship, maintaining trust, and eliciting valuable information.
The language
Language
of Power
Favored by power-based
organizations, such as military, police.
Requires clarity, simplicity and uniform
interpretation in order to encourage
unthinking obedience.
Takes the form of declarations,
pronouncements, and orders, which
reinforce hierarchy and command, and
imply punishment and contempt for
those who disobey.
Language
of Rights
Language
of
Interests
Applicable to
Domestic cases
Used by abusers
and perpetrators of
domestic violence.
Used by
authoritarian
parents.
Favored by rights-based organizations
such as legal institutions,
bureaucracies. Requires narrow
distinctions, exceptions and
adjudicated interpretations in order to
maintain control by permitting some
behaviors and forbidding others.
Used by victims of
domestic violence,
as they remove
themselves from
danger, and realize
they don’t deserve
the behavior
Takes the form of rules and
regulations, policies and procedures,
which reinforce bureaucracy and
control and imply coercion and
censure for those who do not comply.
Used by parents,
setting rules and
boundaries for
children
Favored by interest-based
organizations such as teams, civil
society, and radically democratic
states. Requires affirmation of
diversity, dissent, and dialogue in order
to encourage collaboration and
participation.
Takes the form of open-ended
questions, public dialogues, valuedriven rules, and concensus decision
making, which reinforce social equality,
economic equity and political
democracy.
CFI Training, Participant’s Workbook
Used by parties
who are able to coparent successfully.
Recognizes nuance
and “shades of
gray” rather than
seeing things in
black/white
manner.
Examples
You must …
You shall …
You will …
… or else
… because I said
so, that’s why.
You should …
You ought to …
You need to …
You have a right to
…
You are entitled to
…
You could …
You might consider
…
What would happen
if you …
What would you like
to have happen?
Why
What do you think
will happen if you
…
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Initial Intake Interview
The Initial Intake Interview with each party will take approximately one hour. If
payment needs to be arranged, take care of that business right away. Payment needs to be
made before you can begin your work.
Talk about the process of this intake, as well as the process of the investigation.
This interview will include paperwork and listening to their version of the circumstances
in their case. The investigation will include these initial intake interviews with each
party, after which you will schedule home visits. You will be interviewing each adult
that lives with the children. You will be observing the parents and child(ren) interact in
their home. You will be interviewing the children separately. You will be contacting
collateral sources of information (teachers, therapists, medical providers, etc.), and you
will need their information and cooperation in order to get all the information you need to
conduct the investigation needed by the court.
The paperwork should be organized for efficiency. You will go over the packet
of information they will be taking with them. Point out the Information About Court
Ordered Child and Family Investigator Services (Policies for Parties), and the Disclosure.
When they have read the Policies for Parties, they will need to sign the Disclosure and
return it to you (by mailing it or dropping it off at your office).
They will then need to sign the Release of Information. Ask them then what
collateral sources of information you should be using. If either of them have been
involved with social services, you will want to obtain the TRAILS records. If either of
them, or the children, have relevant medical or therapeutic issues, get the appropriate
phone numbers during this intake interview, rather than waiting until they return their
data sheets. You will be getting a criminal background check as early as possible, but
ask if there are criminal records. If there are police reports the parties think are relevant,
they will need to get them for you. (There are too many municipalities for the CFI to
track down the police reports.)
Now point out the Data Sheet and Teacher Questionnaire. If they have an e-mail
address, you can e-mail the Data Sheet, and have them return it by e-mail. They will give
the Teacher Questionnaire to the child’s teacher(s), with a self-addressed, stamped
envelope you will provide, so the teacher can mail it directly back to you.
Now, ask them to tell you their point of view, their perspective on what is
happening in their family and why they are in litigation about the children. Take good
notes as they talk, and work to understand what they are saying. Ask for clarification,
ask them to slow down if need be, so that you get as complete a picture as possible. You
want them to feel “heard.” You want them to believe that you understand them. You
must maintain your objectivity and independence during these interviews, but your ability
to listen well will help prevent an appearance of being aligned with one side or the other.
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Recognize that usually they are presenting themselves, and their side of the story,
in as positive a light as possible, while presenting the other side of the story in as negative
a light as possible. You can’t make judgments yet; you don’t have enough information.
You will be getting each party’s side three times: first, in this initial intake interview,
then when you meet them at their home, and thirdly, through their own narrative
document. The narrative is particularly important because they write it outside the
interview setting, which is stressful. The party is able to take time and think more clearly
when they are writing their narrative.
When you are finished with the initial intake interview, schedule the home visit.
There are sometimes exceptions to the home visits. If one parent has only supervised
parenting time, you will visit where it is supervised rather than in the home. Also, if a
parent doesn’t currently have parenting time at their home, but they are asking for it, then
you will want to visit their home. You are not bound to a prescribed investigation; each
family is unique and you need to be flexible enough to recognize unusual circumstances
that call for a unique response. For example, if a mother is asking for parenting time, and
she lives with three convicted felons, and knows she will never bring the child to her
home, then there is no need to visit her home.
Special Circumstances
The special circumstances of domestic violence, substance abuse, and mental
health issues are some of the most challenging to face families, and will contribute to
some of the most challenging cases you will have as a CFI. While we address these
challenges in this 40-hour training, we just “scratch the surface.” You would do well to
always be on the lookout to continue your education in these arenas, as well as recognize
when you need to call in more experienced professionals.
Domestic Violence12
Domestic violence is a pattern of abusive behavior occuring within an intimate
relationship used by an abusive partner to gain or maintain control over or to coerce the
other partner. Domestic violence happens in all races, age groups, sexual orientations,
religions, social classes, economic backgrounds and education levels. It can occur in
opposite-sex and same-sex relationships; between partners who are married, living
together, dating or those who are no longer in a relationship together.13
12
Thanks to Amy Miller, Public Policy Director, Colorado Coalition Against Domestic Violence.
Some of this section on domestic violence has been adapted, with permission, from the Domestic Violence
Overview section of the October 2011 Colorado Domestic Violence Benchbook, by Elizabeth Collins and
Andrea Love. A more complete adaptation of this document can be found in the handout:
13
Colorado Coalition Against Domestic Violence website:
http://www.ccadv.org/index.php/getting-help/what-is-dv, retrieved 11/15/11
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Domestic violence has been defined in different ways. Colorado has a number of
different definitions depending on the context. A common understanding of domestic
violence is that it is one partner’s effort to control the other partner using a variety of
tactics that may involve both criminal and non-criminal acts. Additionally, the acts may
be directed at persons other than the intimate partner (e.g., at children or associates) for
the purpose of exerting power and control over the partner. Criminal acts may include:


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
















Animal cruelty
Arson
Assault – hitting, biting, strangulation, shoving, kicking
Burglary
Child abuse/wrongs to minors
Destruction of property/criminal mischief/disorderly conduct
Disturbing the peace
False imprisonment
Harassment
Interruption of phone service/obstruction of emergency
services/wiretapping
Kidnapping
Menacing
Murder
Robbery
Sexual assault/unlawful sexual contact
Stalking
Threats
Trespass
Vehicle theft
Violation of a protection order/violation of a court order
In recognition of the coercive and entrapping power of non-criminal behaviors,
the Colorado Domestic Violence Offender Management Board’s Standards for Treatment
With Court Ordered Domestic Violence Offenders, Guiding Principle 3.15 states
“Offender treatment must address the full spectrum of abusive and controlling behaviors
associated with domestic violence, and not just the legally-defined criminal behavior(s).”
Additionally, the Standards’ Guiding Principle 3.06 states “It is the nature of domestic
violence offenders that their behaviors tend to be covert, deceptive, and secretive. These
behaviors are often present long before they are recognized publicly.” Noncriminal acts
may include: (Note: these acts can become criminal when they are combined with other
acts. It can become harassment or stalking.)




Controlling access to money
“Crazy-making” activities
Interrogating children or other family members
Isolating from family and/or friends
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



Making degrading comments
Making major decisions without consulting an intimate partner
Manipulating through lying or breaking promises
Monitoring an intimate partner’s time and activities
Threatening or attempting to commit suicide
Intimate Partner Violence (IPV) is found in many litigated family cases. The CFI
must be prepared to screen and assess for domestic violence, as well as be prepared to
recommend decision-making and parenting time orders that prioritize the safety of the
abused parent and children. CFIs should especially be aware that the year after
separation is often the most dangerous, even lethal, if there has been abuse within a
relationship involving domestic violence.
There are several statutory references to domestic violence the CFI needs to
know. The Best Interests of Child statute, 14-10-124, section 1.3 defines domestic
violence and intimate relationships:
There are several statutory references to domestic violence the CFI needs to
know. The Best Interests of Child statute, 14-10-124, section 1.3 defines domestic
violence and intimate relationships:
14-10-124(1.3)(a): "Domestic violence" means an act of violence or a threatened
act of violence upon a person with whom the actor is or has been involved in an intimate
relationship, and may include any act or threatened act against a person or against
property, including an animal, when used as a method of coercion, control, punishment,
intimidation, or revenge directed against a person with whom the actor is or has been
involved in an intimate relationship.”
14-10-124(1.3)(b): "Intimate relationship" means a relationship between spouses,
former spouses, past or present unmarried couples, or persons who are both parents of the
same child regardless of whether the persons have been married or have lived together at
any time.
14-10-124(4): If a party is absent or leaves home because of an act or threatened
act of domestic violence committed by the other party, such absence or leaving shall not
be a factor in determining the best interests of the child.
Whether or not one party was a perpetrator of domestic violence is a relevant
factor in 14-10-124 for determination of parenting time, and if the court makes a finding
of fact that one of the parties has been a perpetrator of domestic violence, it would most
likely not be in the best interests of the child for that party to have mutual decisionmaking responsibilities.
CRS 13-14-102 (Civil Protection Orders) has a broader definition of domestic
violence. 13-14-102(1)(b)(I): Domestic violence is not limited to physical threats of
violence and harm but includes financial control, document control, property control, and
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other types of control that make a victim more likely to return to an abuser due to fear of
retaliation or inability to meet basic needs.
The Colorado Coalition Against Domestic Violence (CCADV) sets out four types
of abuse:




Physical abuse can include hitting, grabbing, shoving, throwing,
punching, biting, or hair-pulling. Holding someone down during
an argument or blocking a doorway so they can't leave is also
domestic violence. Abusers will often injure a victim in places on
her body that can be hidden by clothes, hair or make-up. Physical
abuse also includes denying the victim medical attention or forcing
the victim to use drugs or alcohol.
Emotional abuse is still abuse, even if it leaves no bruises. It can
include constant criticism, humiliation, name-calling or making the
victim think she is crazy.
Sexual abuse can include forcing a victim to have sex when she
does not want to, expecting sex on demand, injuring sexual parts of
the body, or forcing the victim to do sexually humiliating acts.
Economic abuse can force a victim to be financially dependent on
her abuser, making it difficult to leave the situation. Economic
abuse includes not allowing the victim to work or have access to
money, forcing the victim to give her money to the abuser,
withholding information about family finances or not allowing the
victim to have a say in how money is spent.
The CCADV website sets out the common characteristics of domestic abuse:






The abuser isolates the victim from family and friends, sometimes
using jealousy to justify controlling where a victim goes, who she
sees or who she talks to.
The abuser intimidates the victim by smashing things, punching
walls, threatening or abusing children and pets, displaying
weapons, or even through threatening looks or gestures.
The abuser makes all big decisions and acts like the "king of the
castle" - the victim has little to no say in the relationship or the
household.
The abuser minimizes the abuse by saying it didn't happen or
wasn't a big deal, blaming the victim for making the abuser angry
or saying the victim made the abuser do something because of the
victim's actions or words.
The abuser threatens to have the children taken away from the
victim or uses visitation to harass the victim.
The abuser threatens suicide if the victim leaves, or threatens to
kill the victim if she leaves.
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If domestic violence has been alleged in a case for which you are an investigator,
you might want to use a Danger Assessment tool, to assess for the likelihood of further
violence. This is especially important due to the fact that abused women are in increased
danger during the year after separation, due to the abuser’s loss of control in other areas.
“The most serious outcome of domestic violence is intimate partner homicide (IPH).14
Dr. Jacquelyn C. Campbell’s research on femicide when children are involved
highlight extremely distressing facts:15




In approximately 19% of intimate partner homicides, children are
also killed.
For every one femicide, there have been approximately nine
attempted femicides.
In approximately 70% of the cases where children are involved,
the child either witnesses the murder of their mother or are the first
to find the body.
Less than 60% of children involved receive any counseling.
Because the rise for increased, and even lethal, violence is high after separation,
you are encouraged to use a Danger Assessment tool. We have included Dr. Campbell’s
Danger Assessment in the appendices. You can explore training in this instrument at
www.dangerassessment.org. Other evidence-based risk assessment instruments are
available as well, and you wold do well to choose one to use consistently.16
Dr. Campbell suggests three critical questions, if there is not time or opportunity
for a lengthier danger assessment. If the answer to any of these questions is yes, the
person is at increased risk for lethal violence, and needs help with a safety plan, and
should be referred to a local domestic violence advocacy program. The three questions
are:17


Has he/she threatened to kill you or your children?
Has he/she used a weapon against you or threatened you with a
weapon?
Campbell, J., Webster, D.W., and Glass, N. “The Danger Assessment: Validation of a
Lethality Risk Assessment Instrument for Intimate Partner Femicide.” J Interpers Violence 2009 24:653
originally published online 30 July 2008. Online version: http://jiv.sagepub.com/content/24/4/653
14
15
Campbell, J. Lethality Assessments: Saving Lives Through Education. 10/6/11 Southern
Colorado Domestic Violence Symposium, CSU-Pueblo. Powerpoint, slide 5, included in appendices.
16
Other instruments includethe Navy FAP Risk & Safety, the DVSI-R, O.D.A.R.A., the PSI (used
in the Duluth Model), PAS, and the SARA. Campbell, J. (2011), slide 20.
17
Campbell, J. (2011), slide 74.
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
Do you think he/she might try to kill you?
The Duluth Model is a domestic abuse intervention program developed in the
1980s, and it is widely used across the country as a community-wide response to
domestic violence. It works to protect women, help men change to become non-violence,
and work across law enforcement and social agencies to provide a comprehensive
response to the problem.18
On the following pages, two Wheels are presented, which were developed by the
staff at the Domestic Abuse Intervention Project.
The Power and Control wheel brings in the contextual aspects of domestic
violence such as coercion and control into the analysis, brings the types of abuse to look
for to the attention of CFIs and includes information about how children are affected by
the abuse. The Power and Control Wheel is not gender-neutral. They were developed by
abused women to describe their experiences of being controlled by an abuser.
The Equality Wheel can be used in comparison with the Power and Control
Wheel. It offers a comparison between an abusive relationship, and one based on mutual
respect.
18
More information about the Duluth Model can be found at http://www.theduluthmodel.org.
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Custody Myths regarding Domestic Violence19
The Commission on Domestic Violence of the American Bar Association has put
together a list of “custody myths” regarding domestic violence, with the research to
counter them. These myths, along with the research, are contained in the July 2006
19
ABA Commission on Domestic Violence, Quarterly E-Newsletter, July 2006, retrieved from
http://www.americanbar.org/aba.html 11/15/11.
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Quarterly E-Newsletter, which is included in the appendices of this workbook. The
custody myths are set out below, followed by the facts that counter the myths:
MYTH 1: Domestic violence is rare among custody litigants.

Studies show that 25-50% of disputed custody cases involve
domestic violence.
MYTH 2: Any ill effects of domestic violence on children are minimal and shortterm.



Children who are exposed to domestic violence may show
comparable levels of emotional and behavioral problems to
children who were the direct victims of physical or sexual abuse.
Adverse effects to children who witness DV are well-documented,
including aggressive behavior, depression, and /or cognitive
deficiencies.
A continuing study by the CDC has shown a significant
relationship between exposure to “adverse childhood experiences”
(including witnessing domestic violence) and development of adult
health problems, including pulmonary disease, heart disease,
hepatitis, fractures, obesity, and diabetes (not to mention IV drug
use, alcoholism, sexually transmitted diseases and depression).
MYTH 3: Mothers frequently invent allegations of child sexual abuse to win
custody.



Child sexual abuse allegations in custody cases are rare (about
6%), and the majority of allegations are substantiated (2/3).
False allegations are no more common in divorce or custody
disputes than at any other time
Among false allegations, fathers are far more likely than mothers
to make intentionally false allegations (21% compared to 1.3%).
MYTH 4: Domestic violence has nothing to do with child abuse.


A wide array of studies reveal a significant overlap between
domestic violence and child abuse, with most finding that both
forms of abuse occur in 30-60% of violent families.
Other studies have shown intimate partner violence (IPV) to be a
strong predictor of child abuse, increasing the risk from 5% after
one act of IPV to 100% after 50 acts of IPV.
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MYTH 5: Abusive fathers don’t get custody.



Abusive parents are more likely to seek sole custody than
nonviolent ones…
…and they are successful about 70% of the time.
Allegations of domestic violence have no demonstrated effect on
the rate at which fathers are awarded custody of their children, nor
do such allegations affect the rate at which fathers are ordered into
supervised visitation. (i.e. abusers win unsupervised custody and
visitation at the same rate as nonabusers)
MYTH 6: Fit mothers don’t lose custody.

Mothers who are victims of DV are often depressed and suffering
from posttraumatic stress disorder, and as a result, can present
poorly in court and to best-interest attorneys and/or custody
evaluators.
MYTH 7: Parental Alienation Syndrome (“PAS”) is a scientifically sound
phenomenon.

The American Psychological Association has noted the lack of
data to support so-called "parental alienation syndrome," and
raised concern about the term's use.
MYTH 8: Children are in less danger from a batterer/parent once the parents
separate.

Many batterers’ motivation to intimidate and control their victims
through the children increases after separation, due to the loss of
other methods of exerting control.
MYTH 9: Parents who batter are mentally ill, OR Parents with no evidence of
mental illness cannot be batterers.



Mental illness is found only in a minority of batterers.
Psychological testing is not a good predictor of parenting capacity.
Mental health testing cannot distinguish a batterer from a nonbatterer.
MYTH 10: If a child demonstrates no fear or aversion to a parent, then there is
no reason not to award unsupervised contact or custody.

Children can experience “traumatic bonding” with a parent who abuses the
child or their other parent, forming unusually strong but unhealthy ties to a
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batterer as a survival technique (often referred to as “Stockholm
Syndrome”).
Substance Abuse
Under the CJD 04-08, promulgated 11/11, CFIs are once more authorized to
conduct drug and alcohol testing and/or evaluations if they are trained to do so, but
ONLY if such evaluation is the “sole issue for which the appointment of the CFI was
made.”
Substance abuse or other evaluations shall not
routinely be performed in connection with CFI
investigations and reports. In situations where the court
specifically orders a drug and alcohol or other evaluations,
such evaluations shall only be conducted by a qualified
individual. If the CFI is qualified to conduct drug and
alcohol or other evaluations s/he may do so but only if
ordered to do so by the court and only when such
evaluation is the sole issue for which the appointment of the
CFI was made. Standard 13.
This distinction won’t be difficult for the CFI to make. Either the CFI was
ordered solely to conduct the substance abuse testing or not. If not, the CFI must
recommend such testing to the court, if the CFI believes it is necessary to obtain that
information to make appropriate recommendations in the best interest of the minor
children.
Millions of children, more than one in 10 in the United States, live with parents
who are either dependent upon or abuse drugs and/or alcohol. “Parental substance
dependence and abuse can have profound effects on children, including child abuse and
neglect, injuries and deaths related to motor vehicle accidents, and increased odds that the
children will become substance dependent or abusers themselves.”20
20 Substance Abuse and Mental Health Services Administration, Office of Applied Studies. (April
16, 2009). The NSDUH Report: Children Living with Substance-Dependent or Substance-Abusing Parents:
2002 to 2007. Rockville, MD.. Chapter 1. Retrieved 11/16/11 from
http://www.samhsa.gov/data/2k9/SAparents/SAparents.htm.
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The Effects of Substance Abuse on Parenting21
It is important to remember that when a parent is involved with drugs or alcohol
to a degree that interferes with his/her ability to parent effectively, a child may suffer in a
number of ways:









A parent may be emotionally and physically unavailable to the child.
A parent’s mental functioning, judgment, inhibitions, and/or protective
capacity may be seriously impaired by alcohol or drug use, placing the
child at increased risk of all forms of abuse and neglect, including sexual
abuse.
A substance-abusing parent may “disappear” for hours or days, leaving the
child alone or with someone unable to meet the child’s basic needs.
A parent may spend the family’s income on alcohol and/or other drugs,
depriving the child of adequate food, clothing, housing, and healthcare.
The resulting lack of resources often leads to unstable housing, which
results in frequent school changes, loss of friends and belongings, and an
inability to maintain important support systems (churches, sports teams,
neighbors).
A child’s health and safety may be seriously jeopardized by criminal
activity associated with the use, manufacture, and distribution of illicit
drugs in the home.
Eventually, a parent’s substance abuse may lead to criminal behavior and
periods of incarceration, depriving the child of parental care.
Exposure to parental abuse of alcohol and other drugs, along with a lack of
stability and appropriate role models, may contribute to the child’s
substance abuse.
Prenatal exposure to alcohol or other drugs may impact a child’s
development.
What the Child Experiences22
From a child’s perspective, a parent’s substance abuse is usually characterized by
the following:

Broken promises. Parents may break their promises to go somewhere
with the family, do something with the children, not drink that day, or not
get high on some occasion. The children grow up thinking they are not
loved or important enough for their parents to keep their promises.
21
National Court Appointed Special Advocate Association. 2007. The National CASA
Association Volunteer Training Curriculum: Volunteer Manual, 2007 Revision. P. V5-9.
22
Ibid. pp. V5-10 to V5-11.
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








Inconsistency & Unpredictability. Rules and limits may seem to change
constantly, and parents may be loving one moment and abusive the next.
Shame & Humiliation. Alcohol or drugs may take over and suddenly
turn an otherwise loving parent into a loathsome embarrassment.
Tension & Fear. Because the children of substance-abusing parents never
know what will happen next, they typically feel unsafe at home, the
environment in which they should feel most protected.
Paralyzing Guilt & an Unwarranted Sense of Responsibility. Many
children think they cause their parents’ behavior. Part of the disease is to
blame someone else for it, and the children grow up thinking that if they
were better students, more obedient, neater, more reliable, or nicer to their
siblings, their parents would not use alcohol/drugs.
Anger & Hurt. Children may feel neglected, mistreated, and less
important in their parents’ lives than the alcohol or drugs. They grow up
with a profound sense of abandonment.
Loneliness & Isolation. Because the family denies or hides the problem
and often will not even discuss it among themselves, the children, with no
one to talk to about the most important thing in their lives, think they are
the only ones with this problem.
Lying as a Way of Life. Children may feel they have to constantly cover
for the failure of the parent, or account for his/her deviant behavior.
Feeling Responsible. Often children feel that it is their job to organize
and run the home and care for younger siblings.
Feeling Obligated. Children feel they must hide the problem from
authorities in order to protect the parent.
When parents are addicted, they often expose the children to other adults who are
abusing substances. This puts the children at risk of abuse by a third party (physical,
emotional, and/or sexual abuse). The children can also feel obligated to keep secrets
about the addiction because they are afraid that social services will take them away from
their parents.
Part of the challenge for CFIs is incorporating the reality that most chemically
dependent parents will relapse on their journey towards recovery. What will that look
like for the children? What is the other parent saying? It is legitimate to worry about the
safety of the children if they are with a substance-abusing parent. How do you factor
safeguards into the recommendations for these children?23
Substance abuse has profound effects on parental disciplinary
choices and child rearing styles. Research has shown that parents
23
Much of the material for this section on substance abuse is from a discussion with James Porter,
MA, CACII, LPC, owner of Lifeworks Recovery, and treatment provider for Jefferson County Drug Court.
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with substance abuse problems employ less effective discipline
than other parents (Tarter et al, 1993). Research through taped
clinical observations have shown that drug abusing parents are
very limited in their ability to attend to their children's emotional
and social cues and to respond appropriately (Hans, 1995). As a
consequence, substance abusing parents can overreact with harsh
discipline or neglectful child support leading to the higher levels of
child abuse and neglect in substance abusing parents (Kumpfer &
Bayes, 1995). They also tend to be poor role models for the use of
alcohol and drugs and effective conflict resolution and family
management skills (Kumpfer, 1987). However, research also
demonstrates that substance abusing parents, whether in treatment
or not in treatment, can be taught through therapeutic child play
and behavioral parent training to be more empathetic and effective
parents. Through these family interventions child abuse and
neglect and harsh and ineffective discipline can be decreased,
while also decreasing the child's emotional and behavioral risk
factors for later substance abuse and other adolescent problems
(Egeland & Erickson, 1990; Kumpfer, Molgaard & Spoth, 1996;
Kumpfer & Alvarado, 1995, 1998; Kumpfer, Williams & Baxley,
1997, Kumpfer, 1999).24
“It is important to ascertain whether the verbal reports you are receiving are
accurate. CFI cases can be fraught with false accusations of abuse, neglect., etc.
Recreational and prescription drugs as well as alcohol can be an additional arena for
parents to falsely accuse each other of abuse. However, when such allegations are
accurate and a parent has a substance abuse issue, dependency, or addiction, it is an
important factor to address.”25
“The two main research findings regarding children of parents with substance
abuse problems are that 1) these children have poorer developmental outcomes (physical,
intellectual, social and emotional) than other children, although generally in the lownormal range rather than severely impaired; and (2) they are at risk of substance abuse
themselves.”26
24
U.S. Department of Health and Human Services. Blending Perspectives and Building Common
Ground. A Report to Congress on Substance Abuse and Child Protection. Washington, D.C.: U.S.
Government Printing Office, 1999. Ch. 5: “The Complexity of Child and Family Needs.” Retrieved
11/16/11 at http://aspe.hhs.gov/hsp/subabuse99/chap5.htm.
Baum, J. “Investigation of Cases Involving Substance Abuse Issues.” In Smith, ed., The Role
of the Child and Family Investigator and the Child’s Legal Representative in Colorado. 1 st ed. C10-2.
25
26
U.S. Department of Health and Human Services. Blending Perspectives and Building Common
Ground. A Report to Congress on Substance Abuse and Child Protection. Washington, D.C.: U.S.
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DSM-IV Substance Dependence Criteria27
Substance dependence is defined as a maladaptive pattern of substance use
leading to clinically significant impairment or distress, as manifested by three (or more)
of the following, occurring any time in the same 12-month period:
1.
2.
3.
4.
5.
6.
7.
Tolerance, as defined by either of the following: (a) A need for markedly
increased amounts of the substance to achieve intoxication or the desired
effect or (b) Markedly diminished effect with continued use of the same
amount of the substance.
Withdrawal, as manifested by either of the following: (a) The
characteristic withdrawal syndrome for the substance or (b) The same (or
closely related) substance is taken to relieve or avoid withdrawal
symptoms.
The substance is often taken in larger amounts or over a longer period than
intended.
There is a persistent desire or unsuccessful efforts to cut down or control
substance use.
A great deal of time is spent in activities necessary to obtain the substance,
use the substance, or recover from its effects.
Important social, occupational, or recreational activities are given up or
reduced because of substance use.
The substance use is continued despite knowledge of having a persistent
physical or psychological problem that is likely to have been caused or
exacerbated by the substance (for example, current cocaine use despite
recognition of cocaine-induced depression or continued drinking despite
recognition that an ulcer was made worse by alcohol consumption).
DSM-IV Substance Abuse Criteria28
Substance abuse is defined as a maladaptive pattern of substance use leading to
clinically significant impairment or distress as manifested by one (or more) of the
following, occurring within a 12-month period:
1.
Recurrent substance use resulting in a failure to fulfill major role
obligations at work, school, or home (such as repeated absences or poor
Government Printing Office, 1999. Executive Summary. Retrieved 11/16/11 at
http://aspe.hhs.gov/hsp/subabuse99/execsum.htm.
27
American Psychiatric Association. 1994. Diagnostic and Statistical Manual of Mental
Disorders: DSM-IV. Washington D.C.: American Psychiatric Association. (pp. 181-183)
28
American Psychiatric Association. 1994. Diagnostic and Statistical Manual of Mental
Disorders: DSM-IV. Washington D.C.: American Psychiatric Association. (pp. 181-183)
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2.
3.
4.
work performance related to substance use; substance-related absences,
suspensions, or expulsions from school; or neglect of children or
household).
Recurrent substance use in situations in which it is physically hazardous
(such as driving an automobile or operating a machine when impaired by
substance use)
Recurrent substance-related legal problems (such as arrests for substance
related disorderly conduct)
Continued substance use despite having persistent or recurrent social or
interpersonal problems caused or exacerbated by the effects of the
substance (for example, arguments with spouse about consequences of
intoxication and physical fights).
Note: The symptoms for abuse have never met the criteria for dependence for this class
of substance. According to the DSM-IV, a person can be abusing a substance or
dependent on a substance but not both at the same time.
Behaviorial Extremes29
Chemical dependency is a brain disorder. Most people see it is a behavioral
problem, but the underpinnings are neurological. It is a disease of the brain and the body,
and the results are behavioral extremes. Relapses are now considered an expectation in
the path to recovery from substance abuse. For the CFI, this is an important point,
because a relapse doesn’t necessarily mean the addicted person is incapable of
recovering. The challenge, of course, is how to recommend safety measures for the child.
The loss of time with a child is a powerful motivator for a parent to recover.
In the following model, the extremes of behavior exhibited by addicts are shown
to the left and right. When a person has deficits due to chemical dependency, they can
exhibit behaviors on either or both extremes. If the CFI suspects chemical dependency,
these behavioral extremes exhibited by a parent can be a clue that there might be a
substance abuse problem.
Homeostatis: a balanced system is ideal
Drama / overreacting /
hyperanxiety
Emotional regulation
Dissocation / “numbing
out”
Enmeshment
Relatedness
Disengaged
29
Jim Porter, MA, MAC, NCACII, LAC, Lifeworks Recovery, Lakewood, CO, personal
interview, 11/26/11.
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Impulsive, chaos
Self-Regulation: normal
family has flexibility
Rigid, control
Grandiosity, narcisstic and
superior
Self-imaging
Worthless
Abuser
Acting out
Victim
Caretaking, finding
yourself through others
Boundaries / care of
others
Neglect, includes neglect of
self as well
Denial
Reality
Despair
Substance Monitoring Tools
Substance use can be tested through specimens of urine, saliva, hair or blood, but
the majority of testing is done through urinalysis (UA) or hair follicle tests. The abused
substances generally fall into three categories: “downers,” “uppers” and perceptual
distorters. “You can only bend the structure of the brain three ways: up, down or inside
out (distorting perception).”30



Five classes of “downers” can be tested for:
o alcohol (the most abused substance)
o cannabinoids (e.g., marijuana, hash)
o opiates
 pharmaceuticals (e.g., Vicodin, Oxycontin, Dilaudid)
 street drugs: “smack,” heroin, “black tar”
o benzodiazapines (all pharmaceuticals: Valium, Librium, antianxiety meds, all highly addictive)
o barbiturates (anti-seizure medications such as Seconal, Tuinal), not
common but very addictive
Uppers:
o Amphetamine / methamphetamine
o Cocaine / crack
“Perceptual distorters” (psychedelics and club drugs):
o XTC (“ecstacy”)
o LSD (“acid”)
o Psilocybin
o DMT: dimethyltryptamine
30
Jim Porter, MA, MAC, NCACII, LAC, Lifeworks Recovery, Lakewood, CO, personal
interview, 11/26/11.
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Substance abuse treatment providers use outside labs for substance abuse
monitoring tools. Urine analyses (UAs) test for the prior 72 hours, and is used to test for
alcohol and drug use. Hair follicle tests reveal drug use and abuse over the prior 90 days,
but often not the last 72 hours. So, a UA may show substance use while a hair follicle
collected on the same day may not. Also, different tests will test for different levels. So
if one test tests at a lower level, the results may vary.
As can be seen in the following chart, hair follicle tests are available in 5-panel
and 5+panel, to test for a variety of drugs, and indicates low, medium or high use,
depending on the amount of the substance found in the follicle. The 5+panel test includes
pain killers.
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Mental Health Challenges
Many CFIs will be licensed mental health professionals, with the expertise and
training to recognize mental illness. Formerly, CFIs who were qualified to do so
routinely conducted psychological testing and psychological evaluations as part of their
investigation. Under the new CJD 04-08 directives, CFIs are no longer authorized to
perform psychological testing or evaluations as part of the child and family investigation,
even if they are professionally qualified to perform them. If they recognize these further
interventions are necessary, they can “provide that recommendation to the court.” (CJD
04-08, pg. 1)
A greater challenge for those CFIs without mental health expertise and training
will be the ability to know when to recommend psychological testing or evaluation to the
court.
Child custody disputes typically involve litigants asserting
negative evidence about the other parent in an attempt to gain
leverage, especially when such disputes concern custody and
parenting time. Feuding parents oftentimes assert, whether
truthfully or not, that the other party is mentally ill and is hence
less able to parent the couple’s children. Both elements of this
assertion require investigation. First, does the parent actually
suffer from a mental illness? Second, what effects, if any, will the
illness have on that parent’s ability to care for his or her children?31
The CFI without mental health expertise and training could have a difficult time
discerning the truth about allegations of mental illness. What is the animosity level
between the parents? Are these false allegations of mental illness? Collateral sources
will be very important in these cases, as well as the histories of the parents. What does
Parent A say about Parent B? Does this conform with reports from collateral information
sources?
First, is the allegation true? How will you know? Is there a diagnosis in place
already? Has the parent been through treatment? Is s/he seeing a psychiatrist? Taking
medications? The CFI will move through each step of the investigation, gathering
information at every point, remaining open to the hypotheses being developed about this
family and about what is best for these children. In cases where the alleged mental health
concern has not impacted parenting, the CFI needs to assess whether the current family
situation creates a risk that the mental health concern may impact the parent’s ability to
appropriately meet the children’s needs.
Jenuwine, M.J. and Cohler, B.J., “Child Custody Evaluations of Parents with Major Psychiatric
Disorders,” in Galatzer-Levy, … p. 307.
31
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The most important aspect about the mental health or illness of the parent is how
it impacts the children. The CFI’s job will be to learn enough about each parent and each
child, their strengths and weaknesses, to be able to recommend how best to set up a
parenting plan that protects the children from the severe deficits of the parent with mental
illness.
Care should be taken, however, to determine whether the person with the mental
health diagnosis is stabilized, taking their medication as prescribed, or not. The CFI will
take the history from both parents regarding the diagnosis, as well as learning from the
child what they experience from that parent. Collateral sources of information are critical
when there is concern about mental illness. Has the parent been in treatment? You will,
of course, need records from those medical and mental health professionals.
“The significance of parental psychiatric illness for custody decisions can be
evaluated only by examining the impact of the illness on the child.”32 “Many children are
successfully raised by psychiatrically ill parents, and some even benefit from the
experience of dealing with unusual problems.”33
In assessing the child’s best interest, it is important to note that the
opportunity to care for a child may contribute to the mental health
of severely mentally ill people. The resulting improved function
may benefit the child, who now has the advantage of another
involved parent and the peace of having to be less worried about
that parent. Custody decisions involving psychiatrically ill parents
thus need to go beyond a knee-jerk assumption that involvement of
these parents is likely to harm a child to a careful assessment of the
impact of the relationship and the careful design of arrangements
that optimize factors contributing to the child’s well-being.34
This 40-hour training cannot prepare the CFI to investigate mental illness
allegations and/or diagnoses. The CFI must remember Standard 7: The CFI shall
acknowledge when an issue is beyond his or her competence. A CFI has a duty to
recognize and inform the parties and the court when an issue falls outside of his or
her training or expertise.
32
Ibid. p. 330.
33
Ibid. p. 331.
34
Ibid. p. 331.
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Relocation
Relocation cases are some of the most heartbreaking cases the CFI might be
involved with, when there are two loving and involved parents and one of them is making
a move. The CFI has to assume the parent will move, and that the child will no longer
have access to the continuing and frequent contact with one of their parents.
Because neither party is under a burden to prove which arrangement will
best promote the child’s interest, both parents share equally the burden of
demonstrating how the child’s best interests will be served. This is important because
it is easy to assume the person that is relocating has the initial burden. In re the Marriage
of Ciesluk states that isn’t true, each parent carries the burden equally. Each parent must
present evidence to the CFI to allow the CFI to adequately assess each of the 21 factors
set forth by the General Assembly in C.R.S. 14-10-124(1.5)(A) and C.R.S. 14-10129(2)(C). The CFI must gather information regarding:
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Whether a party has perpetrated and there is credible evidence of spousal
abuse.
Whether the spousal abuse occurred before or after the prior decree
(dissolution of marriage or separation of unwed parents).
The reasons why the party wishes to relocated with the child(ren).
The reasons why the opposing party is objecting to the proposed
relocation.
The history and quality of each party’s relationship with the child since
any previous parenting time order.
The educational opportunities for the child at the existing location and at
the proposed new location.
The presence or absence of extended family at the existing location and at
the proposed new location.
Any advantages of the child remaining with the primary caregiver.
The anticipated impact of the move on the child .
Whether the court will be able to fashion a reasonable parenting time
schedule if the change requested is permitted.
Any other relevant factors bearing on the best interests of the child.
AND ALL THE C.R.S. 14-10-124(1.5)(a) factors.
The CFI must report on the anticipated impact of the move on the child. The
CFI will gather this information from both parents and the child. Depending on the age
of the child, the CFI will gather this information in different ways. If the child is
elementary school age, the teacher questionnaire may be good resource on this factor.
Asking the elementary age child open ended questions regarding their experience visiting
the new location, if they have is another good tool. In some cases, it may be difficult to
gather direct information from the child without influencing the child to align with one
parent or the other and direct information may not be able to be obtained. For example,
in our Wells Family scenario, Ben and Amy have only been to Kansas once, they have no
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relatives living there to discuss those interactions, Ben’s teacher has made a few nonspecific comments related to Ben’s anxiety related to the move, but there is not much
concrete information to gather. Is it appropriate to just ask the children where they want
to live? Will asking such a direct question require them to pick one parent over the
other? If asked such a specific question, due to their close relationship with both parents,
would the answer change when asked at the other parent’s home? This is the judgment
call required by the CFI based on their interactions with the family. Just be careful of
putting your need for information over the possible harm of putting the children in the
middle of the conflict.
Whether the Court will be able to fashion a reasonable parenting time
schedule if the change requested is permitted. This one can be tough. The question
isn’t whether there is a perfect plan to preserve exactly the same amount of contact that
currently exists, but the question is whether a reasonable parenting time schedule can be
designed. What is reasonable? In re DeZalia states “a reduction in parenting time
resulting from the other parent’s relocation with the child is not to be construed as a
restriction requiring the court to apply the endangerment standard …” The Court is NOT
deciding whether a parent may move or not move, the Court is deciding how much
parenting time each parent will be allocated WHEN the parent moves. If you approach
the investigation with this perspective, you will avoid many of the pitfalls of trying to
design a parenting plan to influence a parent to make a different decision. For example,
in our Mansoor family scenario, if you believed that Father would not get very much time
if Mother moves to Florida but could gradually increase his time only if Mother lived in
Colorado, you might want to give alternative parenting plans in your recommendations
that the children would live with Father if Mother moved to Florida, but if Mother
remained in Colorado then there would be an every weekend parenting plan for Father
with the children being with Mother throughout the week. It is NOT your role to try to
influence parents in this manner, knowing Mother would never leave without her children
and therefore she would remain in Colorado, isolated from her family with little support
from anyone outside the paternal family. Stay focused on your role, to determine if a
parenting time schedule can be fashioned based on the parent’s relocation.
Any other relevant factors bearing on the best interests of the child. Other
relevant factors could be an illness the child or parent has that would be better addressed
in the new location. If the child has a passion for snowboarding and the other parent is
moving to Tennessee, that needs to be considered. Not that snowboarding would be a
determining factor, it is just one factor. This would also be the case for a long term
pediatrician, long term dentist, or a long term day care provider, depending on the child’s
on-going need in that area.
Each parent has the burden of persuading the court that the relocation of the
child will be in, or contrary to, the child’s best interest. The CFI will take the
positions of each parent, looking at the 21 factors the CFI has compiled information
relating to each, and determine relative weight to be given to each relevant factor in
making his/her analysis and recommendations. Though CFI’s do not list the weight
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given to each factor in their reports, the CFI has to be confident about how they weighed
each piece of evidence and each position and explain that process in their analysis. For
example, a CFI might state that the moving parent is moving to take care of an ill parent,
but by all other indications, plans on relocating back to Colorado when the grandparent
succumbs to their illness. The information gathered reflects that the children are young,
not in school, and this short period of relocation would not be very disruptive to the
children. On the other hand, the children might be older, in middle and high school, and
the short duration of relocation could be very detrimental and disruptive to their lives. As
in many case, the answer is, “it depends”, which is why the court appointed a CFI.
Determination of whether a child should relocate with one parent or remain in Colorado
with another depends on the assessment of the child's best interests.
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DAY 3: HOME VISITS AND
INTERVIEWING THE CHILDREN
Learning Objectives
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Recognize proper and respectful protocols for home visits.
Illustrate effects of family transition on children.
Illustrate the effects of divorce, single parenting, and
remarriage on children and their relationship with each
parent
Define the four different types and impacts of child abuse.
Identify what constitutes abuse vs. family dysfunction.
Demonstrate understanding of child emotional abuse.
Identify steps taken when reporting suspected child abuse.
Understand aspects of alienation from and rejection of
parent.
Demonstrate understanding of age-appropriate
interviewing.
CFI Materials
3a: What is Child Abuse?
3b: Child Interview Prompts
Fact Scenario Materials
Child Script – Ben Mansoor
Child Script – Laura Kauffman
Child Script – Scott Ross
Child Script – Amy Murphy
Datasheet – Ali Mansoor
Datasheet – Mary Smith Mansoor
Datasheet – Grant Kauffman
Datasheet – Ginny Temkin
Datasheet – Tim Ross
Datasheet – Gayle Ross
Datasheet – Gregg Murphy
Datasheet – Tina Wells
Home Visit Notes – Mansoor
Home Visit Notes – Kauffman-Temkin
Home Visit Notes – Ross
Home Visit Notes – Murphy Wells
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Introduction
You will be visiting the parties and children in their homes, and this will give you
additional, invaluable information to report to the court. It is critical that you are
respectful, and as least-intrusive as possible. It is also critical that you interview each
adult that lives in either home in which the child has visitation. If the other adults cannot
be available for the home visit, add them to your collateral list to contact at another time.
Protocols for Home Visits
Each home visit will be different. The children on the appointment order must be
present at the home visit (if the parent has parenting time). The following
recommendations will help prepare you to be successful over a wide range of
circumstances.
Time of the visit
The time you schedule your home visit will depend on the parent’s schedule, as
well as the age of the child, and whether they are in day care or school. You will want to
be reasonably assured the child is well-fed and well-rested when you visit. Just before
naptime, or just before a meal would mean increased stress for the child.
Be on time to the visit! Plan to arrive at the home five to ten minutes early, to
collect yourself in the car before you knock on the door. Spend that time in the car going
over your files and your notes. Review your notes from the Initial Intake Interviews. For
example, if you are visiting dad, ask him about discrepancies between his account of
matters from what you were told by mom in her intake interview. Take precautions to
ensure the minor children are not within hearing range of your conversations with the
parent about the details of the investigation. If the home is not large enough for the
child(ren) to go to another room or another part of the home, ask the parent to step
outside to talk briefly.
How much time does a home visit take? It is usually about an hour, unless there
are more than one adult and/or more than two children.
Safety concerns
You will want your home visits to be during daylight hours, if at all possible. If
you must go in the evening, due to scheduling challenges with the family, perhaps you
will have someone drive you, and wait in the car while you conduct the visit.
Inside the home
When you go into the party’s home, always thank them for their time and
participation. They will invariably apologize for the state of the house, not being clean
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enough, etc. You can always respond with something like, “I’m just so glad you’re not
coming to MY house!” Whether or not your house is in worse shape than theirs, a
comment such as this will help to put them at ease. Try and find something about their
home for which you can compliment them, for instance, photos on the wall, or simply a
nice home.
Be mindful of eye contact with the party. You don’t want to be constantly
looking around the house; this will make them uncomfortable, as if you are looking for
something wrong, something out of place, something you are critical about. Do as much
as possible to make the person feel comfortable with you.
Once in the home, you will want to sit in a chair, instead of the couch. Don’t
invite the party to sit next to you, if you need to sit on the couch. These are difficult
visits, with difficult conversations. You don’t want to try and be friends with the adults
you are interviewing. Ideally, you will meet in the kitchen or dining room instead of the
living room.
Make sure you keep control of the conversation and the meeting. They should be
answering your questions, rather than asking questions. Answering their questions about
procedure is always appropriate, but if the parent is allowed to direct the conversation,
the questions are much more likely to become more about a request for legal advice then
the process of the investigation. Don’t let them dictate the tone or direction of the home
visit, the tone should be neutral and respectful to all parties, including the other parent.
When they go off topic, immediately redirect them back to the question at hand. It is fine
for you to interrupt them, but not for them to interrupt you. These are just little reminders
to let them know you are there for a purpose and not just a friendly visit. Yes, you are in
their house, but you are there as part of a court process, collecting information for the
judicial officer.
When you sit down with the adult, go over the purpose of the visit (to observe the
parent-child interactions, and interview the child separately, if the child is old enough).
Let them know it is not appropriate to speak negatively about the other parent within the
child’s hearing or line of sight. Ask the parent if they have any questions before you
start. Then, in your conversation with the adult, ask all the questions you have, to fill in
your information about the situation. Make notes while you are talking with the adults.
Interview each adult in the home.
Know what you are looking for in each of your home visits. Are there concerns
about a filthy and chaotic environment? If so, that is what you will be looking for. If one
parent says the child always sleeps with the roommates, look at the bedrooms. You do
not, however, need to look at the parent’s bedroom; that would be too intrusive.
What are the parties fighting about? If everyone agrees that Mom is a great
parent, there’s no need to investigate each room in mom’s house, per se, unless there is a
safety issue.
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Some parties want to show you a lot of things: picture albums, the exchange log,
tons of e-mails or files they keep. Don’t spend a lot of time looking at these things
during the home visit. Let them know they are welcome to give them to you (or make
copies and drop them off at your office), with the understanding that you will return them
once the case has terminated. When you end the interview, you can also let them know if
they have anything else to provide in the future, they are free to drop it by or give you a
call to let you know about it.
If they have not provided you with their narrative and/or completed data sheets
yet, ask them for these documents again. Don’t ask more than once, however. If they
don’t want to provide you that information, and you force the issue, they’ll get someone
else to help them and it won’t be as credible. If you don’t get that information back from
them, you’ll write your report based on the other information you get during the
investigation, making note of the lack of information provided by one or both of the
parties.
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Family Strengths
Do you see the glass half empty? Or half full?
Look at the following illustration. How many strengths can you identify in this
family?
Used with permission from the artist, Camille Doucet.
It is important for a CFI to be able to recognize strengths in a family, irregardless
of the deficits. There are always strengths to be found, and if you move through your
investigation with an eye for the positive as well as the negative, the parties will trust you
more, and will be more open and honest with you.
It is through the lens of the family strengths that the CFI will “respect the rights,
the dignity, and the welfare of the parties and the children with whom they work.”
(Standard 1) Look for caring relationships between the family members, whether the
parents have high expectations for their children, and whether the parents encourage the
participation of the children in the work of the household.
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A traditional strengths-based exercise includes roleplaying an initial conversation
with a family member you are interviewing. This informal conversation is meant to
focus first on strengths, as it will set the tone for a good relationship. Questions to ask
the parent might be:
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What do you do for fun? When is the last time you did that?
What do you do best as a parent?
What do you like best about each member of the family? Your
community? Your life?
In a CFI investigation, you might also want to ask each party, in their home:

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What are the strengths of the other parent?
What are the best things about the relationship between the other
parent and the child?
Is the parent you are talking to capable of seeing anything good
about the other parent?
The answers to these questions will go directly to CRS 14-10-124 factors, such as:
Ability to encourage the relationship with the other parent and Ability to put child’s
needs above parent’s needs.
Ultimately, you will do the families you work with, and yourself, a favor if you
learn to view them more from a “resource lens” rather than a “deficit lens.” Using a
strengths-based approach means recognizing the resources that exist within a family (and
the extended family) and tapping in to them.
Interaction between parent and child
The CFI is not a Parental Responsibilities Evaluator, and the child and family
investigation is not a custody evaluation. The CFI does not conduct a formal ParentChild Interactional. During the home visit, however, you will be able to observe the
interactions between the parent and child, and document your observations. You will
want to compare between both households. Sometimes a child is very different in the
homes of the different parents. The child might be calm and contained with one parent,
yet be chaotic and hyperactive in the home and presence of the other parent. These
observations should be carefully documented.
CFI’s are guided by the Best Interests statute in the value of the observation; one
of the relevant factors states that the court shall consider “the interaction and
interrelationship of the child with his or her parents, his or her siblings, and any other
person who may significantly affect the child’s best interests.” CRS 14-10124(1.5)(1)(III).
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The CFI needs to take good notes, and use those documented observations to back
up his/her recommendations in the report to the court. What do you see? Warmth
between parent and child? Is the parent patient? Does the parent engage in ageappropriate conversation and positive reinforcement? Is the parent overly controlling?
Easily triggered to anger?
Interactions and Interrelationships
For the CFI to make recommendations in the best interests of the child, s/he must
recognize all the significant family members who will play a part in the child’s
foreseeable future. For instance, in a scenario of divorced parents where the father has
already re-married and the mother is engaged to be married, determine who is important
and what are the current relationships? If you are going to dismiss the stepparents as
unimportant, you are missing the boat. What is the child’s relationship with the new
stepmother? If it is good, and she is very involved in the child’s life, that will affect
dad’s parenting time. On the other hand, if stepmom is getting ready to have a baby, and
has not been involved in the child’s life, and the child feels jealous of dad’s new family
and relationships, and dad has been ignoring his older children in developing his new
family, that will also affect your recommendation.
What siblings are involved? Does stepmom have children from a prior marriage?
Is the new stepfather bringing children into the relationship? If stepmom has an older
child, who will be sharing the bedroom with the child whose family you are investigating,
you will want to meet and interview that older child. If dad is just now getting
overnights, will his wife’s son resent sharing his bedroom during dad’s parenting time?
Or will he be visiting his father, so won’t be around for this child’s visits. How would
the child want a relationship with these different people? If the child likes the stepparent,
it will be easier to manage. If they have half-siblings who bully them, it will be harder.
If they are closer to their half-siblings, it will be easier on the child.
Each situation is another piece to add to all the information gathered during the
investigation. When the investigation is complete, you will review all your notes and
determine the weight to assign to each piece of information gathered. During the
investigation, just keep documenting the facts presented to you.
As in so many situations in child and family investigations, “it depends” is
appropriate. The effect on the child of the relationships in the emerging blended families
will depend on the personalities of the people involved, the relationships that have
already developed, and each person’s willingness and determination to make the
relationships work.
So, the CFI has to know the players. Why do they matter? How do the specific
dynamics affect the child. The only way you know the effects of these relationships on
the child is through your investigation, gathering information, interviewing the different
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people involved. But you won’t get the right information, and be able to make the right
recommendations, if you don’t know the players.
This is important in scheduling the home visits. Do you interview the
stepchildren or not? If they have never met the minor child, probably not. Do you
schedule the home visit around when the stepchildren are there? Do you reschedule if
those children are not there? It depends. How do you decide? It is based on the
relationship that the child whose family you are investigating already has with those
stepchildren and the issues related to the investigation.
Transitions
The actual exchange from one parent to the other is one of the most stressful
events that children experience after their parents separate. There are three components
to the transition: the stress of anticipation, the actual transition, and the emotional
aftermath. Be alert during interviews with the parents, indications in the narratives, and
information from the children as to how the transitions are going for this family.
Anticipation: Depending on the age of the child, it is very normal for children to
be in more “present time” than adults. It is very normal for them to not want to leave the
parent they are currently with. They love this parent, will miss this parent, and they will
often cry because they don’t want to leave this parent. Very often, this can be
misinterpreted by the parent to mean there is something wrong with the relationship
between the child and the other parent, or otherwise the child would exhibit no such
sadness or emotions at the thought of the transition.
Likewise, if the parent with whom the child is transitioning from is fearful of the
situation in the other household, or concerned about the parenting abilities of the other
parent, the child will pick up on those fears. Children are emotional sponges, even if the
adults think they are hiding their own emotions well.
The exchange. For conflict-ridden co-parenting relationships, the actual
exchange from one parent to the other is often when the child is exposed to the worst
parental conflict. Too often, parents cannot restrain themselves from making snide or
critical comments, which too often evoke a hostile and/or defensive response, which can
then lead into a full-blown argument or confrontation which is damaging to the child.
Whenever the child is witness to verbal or physical confrontations, they are caught in a
painful loyalty bind.
Oftentimes, parents will bring additional people when exchanging their child. As
helpful as that may sound, the people they bring often are meant to provoke the other
parent (e.g., new partners, friends they don’t like,etc.). It is not outside the scope of the
CFI’s appointment to add to their recommendations that no other persons can be present
at exchanges, if the CFI gathers information in their investigation that such poor decisionmaking is being made by either parent. On the other hand, it is often recommended in
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high-conflict situations that a neutral person who has good communication with both
parents would be an asset to be present at exchanges.
The aftermath. A very common complaint from warring co-parents goes like
this: “There must be something wrong in that household because these kids come back
from being over there, and they’ve forgotten how to act! It takes me so long to get them
back into shape. There must be no discipline over there at all, they come back so wild!”
Unfortunately, this is a common misperception as well. Rather than being a true
indicator of the level of discipline or appropriate parenting in the other household, this
acting out is normal because it is so stressful for children to transition from one
household to the other, especially with ineffective co-parenting.
This is why, (in the case where the mother is primary parent) when
a baby comes back home from visiting his father, the baby is upset.
That does not mean anything is wrong. That does not mean
anything happened badly there. It means these adjustments are
difficult, and they are. This was hard for the baby, so now his
feelings of need are greater. He needs reassurance and he will
settle down again, but it’ll be disruptive again the next time.”35
You have the opportunity, as the CFI, if you hear about these common situations
from the parents, to educate them and hopefully help bring their perceptions and focus
away from criticizing the other parent, back to the experience of their child.
Child Abuse
Child abuse is an overt act; child neglect is an act of omission. “Child abuse and
neglect is a widespread problem in American society. A child of any age, sex, race,
religion and socioeconomic background can fall victim to maltreatment, which may
include both acts of commission and those of omission. … [There is] a complex interplay
of factors that influence the origin and consequences of child maltreatment. In fact, we
know that no single risk factor provides the overriding catalyst for child abuse and
neglect. Multiple stresses and conditions are implicated in contributing to abusive or
neglectful behavior (National Research Council, 1993).”36
35 Alan Stroufe and Jennifer McIntosh. (2011). “Divorce and Attachment Relationships: The
Longitudinal Journey.” Family Court Review, Vol. 49, No. 3. P. 471.
36 U.S. Department of Health and Human Services. Blending Perspectives and Building Common
Ground. A Report to Congress on Substance Abuse and Child Protection. Washington, D.C.: U.S.
Government Printing Office, 1999. Chapter 3. Retrieved 11/16/11 at
http://aspe.hhs.gov/hsp/subabuse99/subabuse.htm.
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Colorado Children’s Code defines physical abuse, emotional abuse, and neglect,
from which children should be protected, as follows (C.R.S. 19-1-103):
Physical Abuse
“Any case in which a child exhibits evidence of skin bruising, bleeding,
malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue
swelling, or death and either: Such condition or death is not justifiably explained; the
history given concerning such condition is at variance with the degree or type of such
condition or death; or the circumstances indicate that such condition may not be the
product of an accidental occurrence.” (C.R.S. 19-1-103(1)(I)).
You will want to be on the lookout for any unexplained bruises or injuries in
various stages of healing, bite marks, unexplained burns or injuries that don’t fit with the
explanation.
Emotional Abuse
"[E]motional abuse" means an identifiable and substantial impairment of the
child's intellectual or psychological functioning or development or a substantial risk of
impairment of the child's intellectual or psychological functioning or development.
(C.R.S. 19-1-103(1)(IV)).
Emotional abuse is a systemic belittling of the child, to the point that the child’s
self-concept is corrupted and the child feels unworthy of love and respect. Emotional
abuse can present in the form of habit disorders (thumb sucking, biting, rocking) or
extreme conduct (withdrawal or antisocial behaviors), behavior extremes, overly adapted
behavior, low self-esteem, depression or suicide attempts.
Neglect
Neglect is present when “a child [is] in need of services because the child's
parents, legal guardian, or custodian fails to take the same actions to provide adequate
food, clothing, shelter, medical care, or supervision that a prudent parent would take.”
(C.R.S. 19-1-103(1)(III)).
Neglect can present in malnourishment, lack of medical or dental care, no
supervision, poor hygiene, or consistently dirty clothes.
Sexual Abuse
Unlawful sexual behavior is defined in the Criminal Code, C.R.S. 16-22-102(9).
Child sexual abuse is “any case in which a child is subjected to unlawful sexual
behavior” as defined in that section. Sexual abuse occurs when an adult engages a child
in any activity for the adult’s own sexual pleasure.
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Warning signs for sexual abuse are age-inappropriate sexual knowledge, sexual
acting out, STDs or pregnancy, as well as depression and/or signs of trauma.
Abuse Due to Controlled Substances
C.R.S. 19-1-103 also classifies as child abuse or neglect a case in which a child is
found where controlled substances are manufactured or attempted to be manufactured
(C.R.S. 19-1-103(1)(VI)), or when a child tests positive at birth for an unlawful
controlled substance (C.R.S. 19-1-103(1)(VII)).
Abuse? Or Dysfunction?
The challenge, of course, for the CFI, is to determine if the child is actually the
victim of child abuse or neglect, or whether the dysfunctional conditions of the child’s
home might lend itself to that interpretation. Very often, in the high-conflict war between
feuding parents, one parent alleges child abuse where none exists. What if a child has
come home with a burn or cut? The CFI needs to discover whether this is a pattern of
behavior: has the child exhibited these wounds previously? Does the child seem to be
afraid of the parent? What is the child’s explanation? If a child is burned by a hot iron,
hurt yes, but not intentionally, then no child abuse has occurred.
What if one parent is alleging emotional abuse? Does the child have “an
identifiable and substantial impairment” in their intellectual or psychological
functioning? What is the cause? Is it emotional abuse, or is it due to other conditions in
the child’s life?
The CFI must always remain open and curious and determined to learn more, to
learn enough to come to an independent conclusion.
Reporting Child Abuse and/or Neglect
CFI’s are “persons required to report child abuse or neglect,” per C.R.S. 19-3304(2)(ee). As such, CFI’s “who have reasonable cause to know or suspect that a child
has been subjected to abuse or neglect or who has observed the child being subjected to
circumstances or conditions which would reasonably result in abuse or neglect shall
immediately upon receiving such information report or cause a report to be made of such
[abuse or neglect] to the county department or local law enforcement agency.”
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The CFI shall report child abuse to the proper
agency and the court. In cases in which the CFI suspects
or knows that the child/ren are being neglected or abused,
the CFI shall take the steps required to ensure that law
enforcement and/or the department of social services is
informed, and shall take whatever additional steps are
believed necessary to protect the child/ren.
Standard 10
Standard 10, of CJD 04-08, amended 11/11, makes clear in the commentary that
there are levels of care that are not optimal, but do not rise to the level of abuse or
neglect. In those cases, the CFI “should develop plans to address the problem and should
include them in any report or recommendation to the court.”
An example might be: You become aware in one of your cases that the children
are suffering from inappropriate and excessive discipline by their stepfather, and the
mother is obedient to the stepfather rather than protective of the children. This case
would not rise to the level of child abuse, so you don’t call social services. You also
know that the children will be returning to the care of their father in a few days. You
believe the children are not in imminent danger in the household with their mother and
stepfather. Under these circumstances, you choose to wait those three days until the
children are with their father, and then you notify the court for an emergency status
telephone conference. This allows the court to assess whether there is an immediate need
to enter temporary orders relating to the care and control of the children.
Alienation37
Some children are alienated from a parent, and some parents take overt measures
to alienate the child from the other parent. There is an important distinction between an
“alienated child” and “parental alienation.” The topic can be confusing.
The phrase “Parental Alienation Syndrome,” (PAS) coined by Richard Gardner in
1987, has been commonly used to refer to a parent (usually a mother) who purposefully
alienates her child from the other parent (usually the father), often with false allegations
of sexual abuse. PAS is not, however, recognized as a legitimate diagnostic syndrome by
the American Psychiatric Association. It is more correct to refer to an “alienated child”
who rejects a parent.
Alienation is one type of “parent-child contact problem”38 that surfaces in
families in transition and in litigation. An alienated child is “one who expresses, freely
37
The CFI is highly encouraged to read the Family Court Review special issue on Alienation, Vol.
48, No. 1, January 2010.
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and persistently, unreasonable negative feelings and beliefs (such as anger, hatred,
rejection, and/or fear) toward a parent that are significantly disproportionate to the child’s
actual experience with that parent. It is important, however, to distinguish alienated
children from other children who resist visitation for a variety of reasons:
… resistance rooted in normal developmental processes (e.g.,
normal separation anxieties in the very young child), resistance
rooted primarily in the high-conflict marriage and divorce (e.g.,
fear or inability to cope with the high-conflict transition),
resistance in response to a parent’s parenting style (e.g., rigidity,
anger, or insensitivity to the child), resistance arising from the
child’s concern about an emotionally fragile custodial parent (e.g.,
fear of leaving this parent alone), and resistance arising from the
remarriage of a parent (e.g, behaviors of the parent or stepparent
that alter willingness to visit).39
When a CFI is investigating a family in which parental alienation is being alleged
by one parent, s/he will want to discover, if possible, why the child is alienated from the
parent. The CFI needs to be independent, and not easily swayed by the opinions of the
parents, either the “aligned” parent (the one to whom the child is closer), or the alleging
parent (the parent from whom the child is alienated and the one who claims the other
parent is responsible for the alienation).
“Many parents engage in indoctrinating behaviors, but only a small proportion of
children become alienated.”40 And some children, especially teenagers, become alienated
from their parent without “indoctrinating behaviors” from the parent with whom they are
aligned. “Hence, alienating behavior by a parent is neither a sufficient nor a necessary
condition for a child to become alienated.”41
Parental alienation can occur under a variety of circumstances, and the age of the
child is significant. Younger children are very hard to alienate from a parent. Younger
children will overlook even a parent’s extreme abuse and/or neglect, and remain closely
aligned with that parent. This can be seen in the desparate nature of children who have
Barbara Jo Fidler and Nicholas Bala. (2010). “Guest Editors’ Introduction to Special Issue on
Alienated Childrren in Divorce and Separation: Emerging Approaches for Families and Courts.” Family
Court Review, Vol. 48, No. 1. P. 6.
38
39
Kelly, J. B., & Johnston, J. R. (2001). The alienated child: A reformulation of parental
alienation syndrome. Family Court Review, 39, P. 251.
40
Kelly & Johnston, p. 249.
41
Garber.
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been taken from abusive parents; the children want to be back with their parents, no
matter how badly they were treated.
Older children, however, having entered puberty, are more likely to reject a
parent, under the right circumstances. The job of the CFI is to attempt to understand
what has happened to the normal parent-child relationship, such that the child rejects the
parent.
The reality of the cases is often highly complex.42 A resistant child may be a
result of negative influence from the primary parent which is poorly managed by the
visiting parent, allowing the child to manifest the alienation internally, as if it originated
with the child. The primary parent may malign the visiting parent overtly to the child
(“See, he’s late again, he doesn’t care about you”), or the negative influence may be
subtle. A common factor in parental alienation is a “corrupted” parent-child relationship
between the aligned parent and the child. These factors (parentification, adultification,
and infantalization) are discussed further in this section.
A resistant child may also be the result of a disconnected parent who does not
listen to the child, does not respond appropriately, and does not recognize the child’s
negative response to the parent’s statements, discipline, and lack of emotional
connection. In this case, the aligned parent has an appropriate parent-child relationship,
but the parent from whom the child is alienated often blames the primary parent for the
disconnected relationship. In these circumstances, a proper CFI interview with the minor
child will reveal the sad truth: the child will have made many efforts to give the parent
the benefit of the doubt as to the unconditional parental love, only to be repeatedly
disappointed. In these cases, the parent continues to deflect any responsibility for the
damaged relationship.
In a recent (2011) Family Court Review article by Benjamin Garber, a triad of
conditions is suggested for the majority of alienated child cases, since “…parental
alienation is seldom exclusively the result of one parent’s malicious actions toward or
about the other.”43 Alienation generally includes three distinct components:


The “aligned” parent denigrates the other, in front of the child;
The maligned parent has serious deficits in parenting and/or caregiving.;
and
Barbara Jo Fidler and Nicholas Bala. (2010). “Children Resisting Postseparation Contact with
a Parent: Concepts, Controversies, and Conundrums.” Family Court Review, Vol. 48, No. 1, p. 10.
42
43
Garber.
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
The aligned parent and child have an “enmeshed and inappropriate
relationship,” which can take three forms of role corruption between
parent and child:
o
Adultification;
o
Parentification; and/or
o
Infantilization.
Parentification: When a child is parentified by a parent, the adult has poor
boundaries and enlists the child to fulfill the adult’s need to be cared for. It can occur in
response to the following situations:
o
o
“manifest physical or logistic necessity, as has been described
among immigrant, impoverished and dual income families.
When a parent is critically ill, profoundly depressed, substance
dependent or widowed, and/or in response to a parent’s
pathological dependency.
This parentification is destructive to the child, interfering with the “child’s
development, peer relationship, and his or her ability to make and maintain a healthy
relationship with his or her other parent.”44
Adultification: Adultification is different from parentification, but can be
present at the same time. An “adultified child becomes the parent’s friend, confidante,
and ally.” The child, prematurely and inappropriately “shares some degree of practical
and/or emotional responsibility with his or her parent in a partner-like relationship.” The
parent takes advantage of the child’s natural desire to please the parent. The child may
eagerly take on the adultified role the parent offers, but it is detrimental to the child’s
development, and often results in depression, anxiety and anger. In some cases, the child
is sexually abused.
Infantalization: This occurs when the parent is unable to tolerate the normal
development of their child towards independence. The independence threatens the
parent, who no longer feels needed. This type of parent is very comfortable with infants,
who are very needy and demanding, but becomes overprotective and over-involved as the
child grows. The infantilized child will present as developmentally delayed when in the
presence of the infantilizing parent. This same child can often present as
developmentally appropriate when with the other parent. Extreme infantalization is
44
Garber, B. J. (2011). Parental alienation and the dynamics of the enmeshed parent-child dyad:
Adultification, parentification, and infantilization. Family Court Review, 49, p. 325.
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present when a “parent creates or maintains a child’s illness consistent with the diagnosis
of Factitious Disorder by Proxy (formerly Munchausen’s Syndrome by Proxy).”45
Gardner suggests possible remedies for families which include a parentified,
adultified and/or infantilized child. Because the aligned parent has tried to get his/her
needs met by the child, education and psychotherapy may help. Educating the parent
about the damage done to children when they are put in the middle of adult conflict can
be done either through divorce education programs or “insight-oriented psychotherapy.”
The aligned parent also needs help to get their needs met from other adults, rather than
their child(ren), which could also come from psychotherapy.
Psychotherapy can be used to “re-establish the child’s healthy role within the
system,” in both individual child psychotherapy and parent-child psychotherapies.
Strategies can be used to “de-triangulate” the child from the dysfunctional system and
bring the other parent back into the process.
Avoiding blame is also recommended, in order to stay “forward-looking,
optimistic, and child-centered.” Gardner recognizes, however, that success is not
guaranteed, and “a single misstep to either side can send the whole process plummeting
into rage and blame in a manner that can not only undermine the therapy, but entrench
the dyad’s dysfunction as the pair allies against the therapist.”46
Changes to the dysfunctional system can be difficult, because the parentified
and/or adultified child often enjoys their “relative freedom, authority, and control,” while
the infantilized child often enjoys “his or her pampered role.”
Kelly and Johnson (2001) provide a reformulated systems-based
and multifactor model to explain why some children resist contact
or reject a parent and remain aligned with the other parent. The
identified factors include: (1) the alienating behavior and
motivation of the aligned parent; (2) the rejected parent’s inept
parenting and counter-rejecting behavior (before or after the
rejection); (3) domestic violence/abuse and child abuse/neglect; (4)
chronic litigation that typically includes “tribal warfare”
(involvement of family, friends and new partners); (5) sibling
dynamics and pressures (6); a vulnerable child (dependent,
anxious, fearful, emotionally troubled and with poor coping and
reality testing); and (7) developmental factors (e.g., ageappropriate separation anxiety, response to separation or conflict
45
Garber, p. 327.
46
p. 329, Garber.
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consistent with the cognitive development of children aged 8 to 15
years).47
The issues surrounding alienation are extremely challenging, and this brief section
cannot hope to cover it completely. In summary, make note of the following important
points:



Parental alienation happens when one parent goes on a campaign
to interfere with the relationship between the child(ren) and the
other parent.
Children are sometimes alienated from a parent for varying
reasons, other than that one parent is actively disparaging the other.
Never use the phrase “parental alienation syndrome.”
Interviewing Children48
You will be interviewing the child in the homes of both parents. This is important
because children will often act very differently depending on which parent they are with.
And, rather than “interviews,” for many of the children you meet, you will simply be
observing and conversing with them, rather than structuring a particular set of questions.
The CFI should ask non-suggestive questions. S/he
should be aware that a child’s stated views may vary over
time or may be the result of fear, intimidation, or
manipulation. While the CFI must consider the wishes of
the child/ren, s/he need not adopt them unless they serve
the child/ren’s best interest.
Standard 9
As indicated in the language in Standard 9, the CFI must always be aware that
“… the child’s desire to please the interviewer or fears of parental disapproval may
greatly shift the information provided.”49 The information you receive from the child is
Barbara Jo Fidler and Nicholas Bala. (2010). “Children Resisting Postseparation Contact with
a Parent: Concepts, Controversies, and Conundrums.” Family Court Review, Vol. 48, No. 1, p. 14., citing
Kelly, J. B., & Johnston, J. R. (2001). The alienated child:A reformulation of parental alienation syndrome.
Family Court Review, 39, 249–266.
48 Much of this age-appropriate interviewing section is adapted from Attorneys Representing
Children: Guidelines for Interviewing and Assessing Children and Parents Experiencing Separation and
Divorce. (1998). Risa J. Garon and Danielle Donner. Columbia, MD: The Children of Separation and
Divorce Center, Inc. (now known as the National Family Resiliency Center, Inc.) and Interviewing the
Child Client: Approaches and Techniques for a successful Interview, American Bar Association Section of
Litigation Children’s Rights Litigation Committee, video and supplementary training materials.
47
49
P. 5, Galatzer-Levy, quoting Ceci & Bruck, 1995.
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one piece of the big picture. You cannot rely solely on one piece of information you
receive from the child. It has to be corroborated with other conversations with the child
(at the other parent’s house), as well as the entire picture you are viewing through the
lens of the whole investigation.
You want the children to be at ease with you. Your first task is to developing as
trusting a relationship with them as possible. You have come into their home, and have
been introduced to them by their parent. You will want to talk with them in as
comfortable place as possible: their bedroom, the playroom (the living room, only if all
the adults will leave).
If the children are old enough, it is important to meet with them without the
parents. Infants, obviously, will be observed, rather than interviewed. If a CFI has done
a good job in making the child comfortable, they may be willing to go with the CFI to
another room inside the home.
The CFI shall inform the child/ren of the purpose of
the CFI’s involvement and the limits of confidentiality.
Standard 9
If the child is old enough to talk with, you must talk with him or her about
confidentiality. Because there is no confidentiality with the court, you must explain to
the child that you will be very careful with what s/he tells you. You might say to the
child something like, “Because we’re in court, everybody is allowed to know why the
judge is making their decision. I’m not allowed to have secrets from mom or dad, or
from the court. One of the things that I’m obligated to tell the court is what you want,
and why.”
As you are meeting and interviewing the children, you will want to consider the
whole child, which includes their intellectual, spiritual, physical and emotional
development. These aspects present differently, depending on the age of the child. The
CFI has to be careful of a rigid understanding of child development. When children are
under stress, it is normal for them to regress developmentally. This delay isn’t
necessarily permanent. Once the family stressors have eased, the child usually “catches
up.” If you think the child is delayed, make sure your opinion is backed up with a
historical perspective informed by collateral sources.
Be on the look-out for “coached” children. A red flag might be if the child is
repeating the same information over and over again, using exactly the same adult-like
phrasing each time. In these cases, ask the child to explain the adult word as if you have
never heard that word before. If the child cannot explain or give an example, it is likely
they don’t know what it means either.
When talking to younger children, they can be intimidated if you are taking notes.
Invariably, you won’t take as many notes as you would like to when talking to a child.
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Tell them something like, “I’m not a good rememberer, and I really want to remember
everything you tell me, so that’s why I’m writing this down.” If the child is talking about
very sensitive matters, forgo the note-taking, or the child may stop talking. Once you are
back in your car, spend 5-10 minutes filling in and finishing your notes, before you drive
away from the home.
Tell the child the parent has your phone number; if they remember anything later
to ask either parent for the phone number. If the child is older, give them your business
card. This gives the child a sense that their voice is important, and that you are interested
in what they have to say. You might give out hundreds of cards, and have only a few
children actually call you, but those phone calls are important.
Always tell the child that you’ll see them at the other parent’s house. Ask the
child permission, is it okay to see you at daddy’s house? If they appear unsure, let them
know you have already talked with the other parent and they want you to visit. If
necessary to make the child comfortable, ask the parent in whose home you are with the
child present if it is alright with the parent that you visit the child at the other parent’s
home. Let the child know you’ll see them at other home before you leave.
Use the handout, Child Interview Prompts, to guide you in the open-ended
questions and discussion points for talking with the children.
Infants: Birth to 18 months
For the babies in the families you are investigating, you won’t be interviewing,
obviously, just observing. The ability to attach appropriately is formed in the years
before the child turns three. In order to understand more about attachment issues, please
refer to the Special Issue on Attachment published by the Family Court Review in July
2011.50
The experts are in agreement: Children need one “secure-base” parent figure for
the first two to three years, before overnights are developmentally appropriate. The
“work” that the child has to do in those first two years are interrupted if the child has to
move back and forth between primary caregivers and households. The determining
factor is not the specific age of the child, but that child’s language development and the
child’s ability to understand concepts of place and time (i.e., you’re at my house now,
and tomorrow you’ll go back to mom’s house).51
The reason this is so important for young children is that “attachment drives brain
development, particularly the young child’s growing capacity to know, express and self
50
Various authors. Family Court Review, Vol. 49, No. 3. July 2011.
51
Stroufe & McIntosh, p. 466.
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regulate their emotional world.”52 So, if their early years are disrupted in such a way as
to limit their ability to attach securely to their one “secure-base” parent, their abilities are
diminished in ways that can greatly affect their emotional development for the rest of
their lives.
This can all be very difficult on the parent who is not the “primary” caregiver.
The CFI is in an important position to educate those parents (who are not “worse” or
“lesser,” simply not the primary attachment figure) that their lifetime relationship with
that child will not be lessened if they have no overnights with the child during these early
years. As Child Development Professor Alan Sroufe states adamantly, “The major thing
that I want divorcing noncustodial parents to know is they can have the most full
relationship with this child that any parent on this planet will ever have, even if they had
no overnights for the first 2 years.”53 This is because “overnight care-giving experiences
are not essential for attachment formation with second or subsequent attachment
figures.”54
“Developing a sense of trust in others and the world is the primary task of
infancy.”55 Infants need to see themselves “reflected” in the warm and loving eyes of
their parent. When the babies are consistently and lovingly held, nurtured, played with,
sung to, they learn the world is a trustworthy place, and that they are worthy of love.
How capable are the parents in consistently providing this kind of warm and
loving nurturing care? It is difficult to parent an infant, with its constant needs. Is the
parent able to put aside their own emotional issues, to show up emotionally for the child?
What is the physical environment like for this baby? Safe? What is provided for visual,
auditory and tactile stimulation? What about schedules: are they predictable yet
flexible?
Toddlers: 18 month to 3 years:
This stage of development is incredibly productive for the child; changes occur
with amazing rapidity. This is also “the first teenage-hood:” when the child is making its
Jennifer E. McIntosh, “Guest Editor’s Introduction to Special Issue on Attachment Theory,
Separation, and Divorce: Forging Coherent Understandings for Family Law.” P. 423. Family Court
Review, Vol. 49, No. 3, July 2011.
52
Alan Stroufe and Jennifer McIntosh. (2011) “Divorce and Attachment Relationships: The
Longitudinal Journey.” Family Court Review, Vol. 49, No. 3. P. 464.
53
Jennifer E. McIntosh, “Guest Editor’s Introduction to Special Issue on Attachment Theory,
Separation, and Divorce: Forging Coherent Understandings for Family Law.” P. 423. Family Court
Review, Vol. 49, No. 3, July 2011.
54
55
Garon & Donner, p.19.
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first push for independence from the parent(s). It is nuanced, however. The child needs
its “secure-base” attachment in order to be secure enough to venture forth towards the
independence it needs to move into the school years.
Language development for toddlers is rapid, but the CFI will still not be able to
“interview” the child. You want to be in the child’s space, their bedroom if possible,
where you will find areas to talk about (dinosaurs, princesses, depending on what is in
their room). What toys are visible? What creative tools do they have at their disposal
(crayons, chalk, etc.)? When you talk with the child, can you engage their imagination?
Creative and imaginative play is the child’s “work” at this stage in their life; they don’t
play that often with other children.
How safe is this child’s environment? The toddlers are notorious for getting into
everything, and the home must be child-proofed. Is there a significant difference in the
child-proofing between the parents’ homes? This could indicate the parent’s ability to
take the child’s needs into account.
Does each parent help with language development through reading and verbal
interaction, as well as patience with the child to discern what the child is verbalizing?
What kind of learning opportunities does the parent take advantage of, when with the
child?
Preschool: 3 yrs to 5 yrs
As the child can verbalize better, the CFI can engage in a much more productive
and meaningful conversation. Talk to these children about whatever they like to do:
what do they like to eat? Watch on TV? Favorite movies? What can you discern from
their bedroom about their likes and preferences?
Be flexible with children this age. Respect the child’s autonomy and let them
lead the conversation and the interview. If they want to show you their artwork, don’t
insist on talking about their mealtimes and favorite foods. Feel free to play with the
child, if they indicate they would like to include you in their imaginative play.
Be careful with children this age, however, because they love to tell stories.
They can get confused: they can get the adults in their stories mixed up. For instance,
they might have done something with an aunt, but they might say it was with mom. For
any questionable information you receive from a child this age, discuss it with both
parents to get a better sense of the missing facts.
To help the parents understand this challenge, ask them: Do you remember the
last time your child told a story? How may times did you need to add additional
information, so the adult listening to the story would understand what the child was
talking about? Okay, so now relate that to the stories your child tells about what happens
in the other household. If you’re not talking with the other parent, then you’re not getting
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clarification. You are filling in the missing pieces, without the information you need to
get the whole story.
What do you observe about the parent / child conversation? Does the parent listen
carefully? Does the parent balance the child’s need for security as well as independence?
Does the parent talk badly about the other parent in front of the child? Is the parent
aware of whether the child is in listening distance before talking about the other parent?
Early Elementary Years: 5-7 yrs
Children this age are still fairly closely “tethered” to their parents. You will be
spending time with them in the home, but they are not yet ready to take a walk with you
around the block. They are still very dependent on their parents, and will still need an
introduction to you from the parent to feel safe with you.
Before you talk with these children about their family and family situation,
establish a more trusting foundation by engaging them in discussion about school and
friends and things they like. You will want to interview them alone, rather than with their
siblings, so they won’t be influenced and/or self-conscious about what to say. Children
this age are very conscious of what the other family members think, and they want to
please them all. By interviewing them alone, you will have a better chance to discern
their true opinions. Children this age might like to draw and show you his/her work, or
have you watch them participate in one of their other favorite activities.
Children this age are becoming much more independent, organizing themselves
around school and socializing much more with other children. Are there indications that
the parent is supporting the school environment, as well as creating opportunities for
playmates? What are the conversational cues between the parent and child?
You can never plan for each particular situation you will find in a home visit.
One CFI met with a mother and her 7-yr-old daughter in the mother’s brother’s home (the
child’s uncle). In the kitchen, while talking with the CFI, the mother asked the child to
throw something into the trash. The child, a bit embarrassed, whispered to the mother,
“Mommy, where IS the trash can?” The mother had indicated that she and the child had
lived there for seven months. If that were true, wouldn’t the child already know where
the trash can was located? This isn’t a circumstance that can be foreseen and predicted.
The CFI needs always to be on the alert for what just doesn’t seem “right.”
Upper Elementary Years: 8-11 yrs old
As children move into the upper elementary years, they come much more into
their own opinions and thoughts. It is very important for children this age to have private
space and time with the CFI. A walk around the block will very often give this child the
security they need for a private conversation.
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These children will often get annoyed if they are interrupted by siblings or others
in the household. When you are beginning the home visit, make sure everybody in the
home understands you will be giving the child a private time, their turn to be alone with
and talk with the CFI privately. At the beginning, you can let everyone know the order of
interviews: Mom first, the child(ren) next. Everyone gets the opportunity for a private
conversation.
If the parent suggests the child’s interview be in the living room, but the child
wants to talk with you in their bedroom, by all means, conduct that interview in the
child’s bedroom. If the child doesn’t feel the conversation is private, you won’t get
accurate information from them.
Once you start the interviewing, you want to ask your initial questions that have
nothing to do with the family situation. What is your favorite food? Who do you have
lunch with? What’s the best part of your school day? These are ice-breaker questions,
designed to help the child be comfortable with you. You might want to say a bit about
yourself, your background (I’ve worked with children for 10 years, I have three children
of my own, I know that singer because my niece listens to her, etc.). When the child
responds to you, give feedback appropriate to the response, so the child sees that you are
really listening to them.
Very gently, you will then move into the issues related to the case, with openended questions, using the Child Prompts from the handout. From that list, which is a
good starting place, you will develop your own style and list of questions.
The child will most likely be very loyal to both parents, and you should never put
them on the spot by asking which parent they like better, which home, etc. You can also
let them know that you won’t be making the decisions about their future, that is the job
for the judge. Let them know that your job is to get to know them, to give the judge more
information, so they can make a good decision about how much time they will spend with
both their parents. Remember that children’s opinions change about what they want, and
they can’t understand the whole complex situation that will determine the decisions the
judge makes.
The child is very aware of what is going on the family, and is also at the age
developmentally where they are able to be empathetic towards others. You can ask the
child how they feel about the separation / divorce / challenging family situation. What do
they understand? Do they seem aligned with one parent over the other? Can you discern
why that is?
What is going well for this child? Can they articulate that? What areas of their
life do they feel competent? Proud? It will help not to focus entirely on the negative.
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CHILD AND FAMILY INVESTIGATOR (CFI) TRAINING:
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Teens: 12-18
This is a wide age range, but beginning around twelve years of age, children begin
to feel like they have a say, and they have a right to be heard. You don’t need to open
these interviews up with ice-breaker questions. These children are ready to tell you how
they are feeling, and what they want to see happen in their family. They believe their
opinion is as important as their parents. They will readily respond to open-ended
questions; you will need less prompting to get the conversation going in a productive
direction.
One of the great challenges for adolescents, unfortunately, when their parents are
not communicating well, is that, “one of the central tasks of adolescent development is
renegotiating parental relationships in the transition from child to adult.”56 Adolescence
is very complicated, but teens are ready to tell you their opinion. They are happy to have
a say in the matter. You need to let them know you will listen carefully, and report their
wishes to the judge, but that the final decision is up to the judge, not you.
Teens are much more likely to be aligned with one parent over the other. Ask
them about it. Why is it? The CFI needs to determine whether it is because one parent is
maligning the other parent, or whether the teen has legitimate reasons to be alienated
from one of the parents. Teens can be just sick and tired of the fighting between their
parents; they are over it. When they were younger, they could make excuses for the
parents, have great longing for the successful intact family, and put a lot of energy into
pleasing their parents. Now, they are at the age where they don’t have any patience with
the parents, and they have their own opinions. The compliance of the younger child has
disappeared. The teen might be saying, “Yes, he’s a jerk and he’s been a jerk to mom all
these years, and now he’s being a jerk to me, and I shouldn’t have to put up with it
anymore.” Teens respond to parents who are very nurturing and child-centered, but have
no patience with parents who are control-oriented, with an authoritarian parenting style.
You have to ask the right questions, to understand what the basis of the teen’s
anger is. If she is alienated from her dad, is it because her mother moved and didn’t give
her dad their new phone number or address? Is her mother now saying her dad must not
care about her, because where is he? This is a case of the mother trying to alienate the
daughter from her father.
Or, does the daughter visit with her father, and see him treating his new girlfriend
disrespectfully, with verbal abuse? If that’s the case, then the alienation doesn’t have
anything to do with the mother; it is a legitimate case of the child being alienated from
the parent with good cause.
56
P. 241, Sharma and Thomas.
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One concern with teenagers is that they are more likely to desire a specific
outcome in the parenting plan, and they are also more likely to say what they think they
need to say in order to get the outcome they want. When you meet with teens, tell them
that it is important to tell the truth and not exaggerate and misrepresent the situation. Tell
them that you may not agree with what they want, but whatever it is, you will take
everything they say very seriously. Tell them that if they exaggerate or misrepresent
circumstances, you might be obligated to call social services, because you are a
mandatory reporter. So, its important that they tell you the truth, and let you decide how
to interpret it and report it to the court, then for them to tell you things in order to get the
specific outcome they are looking for.
Normal adolescent development requires a concerted individuation away from the
parent. Is the parent able to step back and observe the development? Or is the parent
inclined to engage in conflict over minor things that are extremely important to the teen’s
desire for growing autonomy?
Is the parent able to be flexible with the teen, taking their interests and needs into
account? When the teen doesn’t want to spend time with either parent, but wants to be
with their friends, is the parent able to respect that? Or do they feel cheated of time with
the teen, and blame the other parent in some way?
The American Bar Association, Section of Litigation, produced a helpful video,
Interviewing the Child Client, and provided Video Teaching Notes57. Although the video
was focused primarily on lawyers representing children in the juvenile justice system, the
supplemental materials had many good points to make, as follows:
Relationship Building
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Successful interviewing relies on the interviewer taking responsibility for
reducing the [child’s] anxiety and for building trust. Dr. Marty Beyer,
Suggestions for Interviewing Adolescents
Relationship building sounds simple but requires careful focus on some
basic techniques we must pay special attention to with a child client.
Be friendly. The key is to put your child client at ease. If your child client
seems nervous, try to lighten up the conversation until he is able to relax.
57
You can find the video online at:
http://apps.americanbar.org/litigation/committees/childrights/video/1006-interviewing-child-client.html.
The supplemental Video Teaching Notes can be found here:
http://apps.americanbar.org/litigation/committees/childrights/pubs.html
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This may not happen immediately, but as you build trust, your child client
will feel more and more at ease.
Be honest. It is tempting to overstate the chances of success in an effort to
make your child client feel better. However, absolute honesty, whether
the news is good or bad, is crucial to your relationship.
Be clear. If you want your child client to understand what you are saying,
you need to communicate clearly. Speak in a way your client can
understand, using simple, clear language.
Use Simple Language. Avoid legal jargon and terminology whenever
possible. Always try to choose an alternative for any words with three or
more syllables.
Avoid negatives. Sentences such as “Didn’t you see a boy in the alley”
can be confusing and suggestive to the child. Instead, use an open-ended
question, such as “Did you see a boy in the alley?”
Use Simple Sentence Structures. Avoid dependent clauses. Use short
sentences. Simple sentences are easier for a child to understand.
Avoid Sarcasm. Even simple sarcasm can be misunderstood. A child
might misunderstand something as simple as “Showing up late – that
would be a great way to impress the judge, huh?” It would be clearer to
say, “It will probably not be a good idea for the judge to see you into court
late. She may think that your lateness means that you don’t take this
seriously.”
Use the Present Tense. Children, especially those at early verbal
developmental stages, take longer to process information. Using the
present tense will enable them to process information more quickly, and
enhance communication. For example:
o Less clear: “Next, I would want to tell the judge what kind of
school you would want to go to.”
o Preferable: “Next, I tell the judge what school you want to go to.”
To confirm that your child client understands what you are communicating
to her, ask her to tell you in her own words what you just said. This is a
tool that can be used repeatedly throughout your conversations.
Initial Client Contact

You never get a second chance at a first impression. One of the first, and
most important, actions you will take is contacting your child client for the
first time.
Establishing boundaries through salutations and familiarity

While you want to make your child client feel as comfortable as possible,
you also need to set boundaries and remain professional. Prior to your
initial meeting, think about how you would like your child client to
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address you. And ask the child how s/he would like to be addressed.
Generally, first names are appropriate. Make sure, however, that the child
knows your full name and/or knows where to find it. You can help your
child client do so by giving him/her your card each time you see him/her.
Contextualized Relationship
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Let your conversations begin with a topic that your child client wants to
discuss, and give your child client time and space to open up at his/her
pace.
Differentiate Yourself
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It is important that you differentiate yourself by taking the time to clearly
explain who you are, and your role in the case.
Do not be afraid to share some details about your life – appropriate details
such as your interests or what you are reading. Be careful though not to
focus too much on yourself.
Physicality
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Especially at the initial stages, a child may be more focused on your body
language and non-verbal gestures than on the substance of what you say.
In order to put your client client at ease and allow him to focus on your
words, make sure you respect his physical space, but do not distance
yourself too much. One option is to let the child client choose where you
should sit. You can ask him up front where/how he is most comfortable.
This shows respect and gives the child client a sense of control.
This about other non-verbal communication. Try to be as natural as
possible and take your cues from your child client. If he is uncomfortable
making eye contact, don’t force it.
Taking Notes
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During the initial interview, try not to take notes. It is distracting for your
child client and can send him the wrong message about what is important.
In addition, he may start focusing so much on what you are writing down,
that he is not able to participate fully in the interview.
If and when you do need to take notes, talk to your client about it first and
get permission. This will help put him at ease.
Active Listening

Active listening is an invaluable tool in representation of child clients.
Following are some examples of active listening techniques:
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Repeat key phrases. One way to engage in active listening is to repeat key
phrases that your child client uses. This type of repetition demonstrates to
your child client that you are listening, and that you understand his
feelings.
Respond Non-Verbally. If your child client turns to you, perhaps you lean
in as you speak after she turns to you.
Use Conventional Building Blocks. Base your next question on the last
answer. For example, you might be seeking information about the child’s
progress in school and when you ask about it, the child answers, “I don’t
like school. I like video games.” An active listener might respond, “Tell
me what you like about playing video games.”
Observe. Observe physical responses and react accordingly. For
example, a child who never comes within a certain perimeter of you is
obviously going to feel uncomfortable if you do. Respecting that
boundary is a good way to build trust.
Ask Probing Questions. For example, “How did that make you feel?”
Comment on Feelings. For example, “That must be hard.”
Be Positive. For example, instead of saying, “Why didn’t you listen to
your mom and go straight home after school instead of hanging out with
your friends,” you could say, “it must be hard to go straight home after
school when your friends stay there. How does that make you feel?”
Building Rapport

Asking the child about his/her favorite things sends the message that you
care, not just about the case, but about the child as a person, which helps
built rapport. It is important to do this honestly and not just to make a
gesture for the child’s benefit. If it is not genuine, the child will sense it,
and your efforts may do more harm than good.
Managing Expectations
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One of the best tools for building trust is to keep the promises you make to
the child. Breaking promises is one of the surest ways to lose the trust of a
child. So, use great caution when talking to the child about what you will
do, or may do.
Promise only what you know you can deliver. One essential element of
managing expectations is avoiding a promise to control the actions of
someone else. This can be particularly intense when the child is
desparately seeking some control over what can feel like an unreasoned
and unpredictable system of justice. The child also may want you to
guarantee that the judge will listen to her or that the decision-maker will
grant her request. Rather than giving what sounds like a guarantee, you do
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the child a greater service of you manage her expectations honestly and
responsibly early in the relationship.
“Children have a very acute sense of fairness and they have an acute sense
of apprehension about what adults they can trust or not trust and I think
that plays a role in how we deal with making promises to them and what
kinds of promises we make to them.” Marsha Levick
Avoid Assumptions

You and the child may come from very different backgrounds. The better
you are at avoiding assumptions about the child, her neighborhood, her
background, her family, her friends, her school, etc., the better able you
will be to hear what she is saying to you through her lens, rather than your
own, and the better able you will be to empathize with her.
Honesty Builds Credibility

Be honest with the child. If she asks you a question, and you don’t know
the answer, tell her that. If the information is obtainable, tell her you will
find out and then make sure you follow through. Your honesty will help
solidify her trust in you and strengthen your rapport.
Be Real

Admitting that you are not good at something can go a long way toward
building rapport with the child. It is better to be honest than to try to come
across as something you are not.
Developmental Stages

You will need to approach each child according to her developmental age,
which may or may not be in line with her chronological age. For more
information on developmental stages and interviewing children, see Anne
Graffam Walker’s Handbook on Questioning Children, a Linguistic
Perspective, (2nd ed), ABA Center on Children and the Law (1999).
Child-Centered Interviewing

“I think it’s critically important to focus on children’s strengths, so when
they walk into the room and they kind of try and break the ice, talk about
things that a child might be interested in – talk about sports, talk about
media, talk about music talk about something that a child gets excited
about and he’s interested in, or try and talk about things that a child is
good at. Every child has something that they really enjoy doing and when
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an adolescent or a child enjoys doing something, they’re good at that. It
could be drawing, it could be poetry, it could be acting, it could be some
basketball club that they did when they were 8 years old or 12 years old
that they are excited about because they remember they won a gam. So to
really just try and talk with them about who they are and their strengths
and to try and find some common ground.” -- Mary Ann Scali
Through child-centered interviewing, you also can gather information
about your client with respect to school, other proceedings she is involved
with, important personal relationships and more.
Empathy. Empathy is an invaluable skill. It will help you build the
foundations of trust and understanding with the child, as well as facilitate
communication. In order to show empathy, you must put aside any
preconceived notions or judgments you may have about the child, his
family, his community, his friends, and any other issue. Instead, truly
stand in his shoes, see the world through his eyes. In addition, you must
avoid making assumptions – about the child’s clothes, attitude, language
choice, and other physical attributes. Instead, listen carefully and find out
from the child what these things mean from his perspective.
Setting Boundaries. While you want to make the child feel as comfortable
as possible, you also need to set boundaries and remain professional.
Showing empathy does not mean expressing unchecked emotion.
Focus on the Child. During each conversation, take time to observe your
child client, including his body language. “Well, a lot of it is In terms of
whether a child is understanding me or not. I’m gauging that by their
body language, if they’re even listening in the first place, maybe they’re
not listening, maybe they’re distracted, maybe they’re looking all over the
place. Maybe they’re looking all over the place but I know that they are
actually taking it in. Sometimes especially with small children … you can
tell that the child simply has no comprehension of what’s going on at all.
You see it in their eyes, you see it in how they might move, you see how
their attention is gauged or not. So, that’s how I’m telling if they get it or
don’t get it.” -- Vinnie Sherman
Engage in Active Listening by Adopting The Child’s Use of Words

“Active listening is not just a nodding of the head in making comments
throughout a child’s story that lets them know that you’re hearing them.
So if they’re talking about being frustrated, you might say, ‘That sounds
really frustrating,’ and if they’re talking about a really difficult situation at
home, that you say, ‘Wow, that must have been really hard,’ or if they’re
talking about school being a place where they have a lot of anger, to
acknowledge with that; you don’t want to interrupt but then you want to
make soft comments to them and say ‘that sounds really difficult.’” –
Mary Ann Scali
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Accomplishing Your Goals Through Child-Centered Interviewing

Engaging in child-centered interviewing does not mean giving up strategy,
or giving up your agenda. Rather, if you allow the child to get his
concerns out first, he will be better able to focus on the issues you need to
cover.
Pronouns
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Pronouns are difficult for children. Rather than using “he” “we” “they”
“us” “it” and other confusing pronouns, take the additional time to use the
actual names of the people, places and things you are talking about.
The Funnel Technique, Stage 1
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When used properly, the funnel technique is an effective tool for gathering
information from the child’s perspective. As mentioned above, children
have a natural inclination to please authority figures, so letting them tell
their story from start to finish without any interruption or input is
invaluable. The first time the child tells her story, it may not make sense,
and there will be many holes. Nonetheless, avoid the temptation to
interrupt the child to speak. To that end, use phrases as “tell me more” or
“what happened next.”
In giving the child the opportunity to tell her story uninterrupted, you learn
more than just the facts, you learn which parts of the story are important to
her. These parts may not be critical to your case theory, but knowing
them will enable you to better understand your client and build rapport. It
also demonstrates to your client that you respect her and what she is
saying, and encourages continued communication.
The Funnel Technique, Stage 2
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In this stage, you should continue to use open-ended questions, though
they can be directed and clarifying and filling-in missing information.
Through the use of questions such as who, where, why, when and how, the
child retains control of how the information is disseminated.
If you focus in on your own series of pointed questions too soon, the child
may think that those are the only issues that matter. As a result, you may
lose a valuable opportunity to gather information.
Repetition as Form of Open-Ended Questioning

One way to ask an open-ended question and clarify a fact is to repeat a
word that the child used.
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Demonstration as a Form of Open-Ended Questioning

Another technique for getting information in an open-ended way is to have
your child client act out what happened. You can play one of the other
actors in the scene, and ask your child client to show you how things
transpired.
Children Are Suggestible

Not only are children eager to please authority figures, they are also very
suggestible. For example, if you ask the same question in many different
ways, it may suggest to the child that he has given the wrong answer, and
cause him to change his answer. Your body language also could suggest
the right or wrong answer to your child client. So be mindful of this as
you probe deeper and deeper into the facts.
Address Difficult Issues Directly

Being honest and up front with the child will help make him feel more
comfortable as you discuss difficult issues. Make sure you have these
conversations at a time and place that is comfortable for the child.
Empathy verses Emotion

Showing empathy is crucial. You should not, however, show emotion.
Your job is to provide a comfortable space for your client to show
emotion. During this time, you need to remain professional.
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CHILD AND FAMILY INVESTIGATOR (CFI) TRAINING:
DAY 4: COLLATERALS AND WRITING THE REPORT
DAY 4: COLLATERALS and
WRITING THE REPORT
Collaterals
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Demonstrate appropriate data collection from collateral
sources.
Guard against undue influence of other professionals.
Identify steps if CFI is unable to obtain critical information.
Demonstrate ability to read necessary professional reports.
Writing the report
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Demonstrate understanding of psycho-social family issues.
Demonstrate competency in understanding legal standards.
Demonstrate ability to write appropriate report for Court.
Demonstrate ability to come to appropriate conclusions.
Demonstrate ability to provide appropriate recommendations.
Demonstrate ability to portray children’s wishes in report.
Incorporate safety plan, and contingency safety measures.
Recognize opportunities to facilitate conflict resolution.
Recognize opportunity to facilitate / encourage settlement.
CFI Materials
4a: form-CFI Report-124
4b: form-CFI Report-C.Kling
4c: Report Provision Samples
Fact Scenario Materials
CBI Report – Ali Mansoor
CBI Report – Mary Smith Mansoor
CBI Report – Grant Kauffman
CBI Report – Ginny Temkin
CBI Report – Tim Ross
CBI Report – Gayle Ross
CBI Report – Gregg Murphy
CBI Report – Tina Wells
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CHILD AND FAMILY INVESTIGATOR (CFI) TRAINING:
DAY 4: COLLATERALS AND WRITING THE REPORT
CBI Report – Kaye Parker
CBI Report – Kevin Wells
Collateral Notes – Mansoor Barry
Collateral Notes – Mansoor MA
Collateral Notes – Mansoor MGM
Collateral Notes – Mansoor PA
Collateral Notes – Mansoor PGA
Collateral Notes – Kauffman MGM
Collateral Notes – Kauffman PGM
Collateral Notes – Kauffman Rose
Collateral Notes – Kauffman Ross
Collateral Notes – Kauffman Tulip
Collateral Notes – Temkin Clinton
Collateral Notes – Temkin Ford
Collateral Notes – Temkin Franklin
Collateral Notes – Temkin Gore
Collateral Notes – Temkin Jefferson
Collateral Notes – Temkin Taft
Collateral Notes – Ross BASE
Collateral Notes – Ross Black
Collateral Notes – Ross Dr. Gray
Collateral Notes – Ross Green
Collateral Notes – Ross MGM
Collateral Notes – Ross PGF
Collateral Notes – Ross PGM
Collateral Notes – Ross Therapist Fir
Collateral Notes – Ross Washington
Collateral Notes – Wells SF
Collateral Notes – Murphy PA
Collateral Notes – Murphy PGM
Collateral Notes – Murphy SM
DHS letter-Temkin
Incident Report – Mansoor
Psych Eval – Tim Ross
Teacher Questionnaire – Ben Mansoor
Teacher Questionnaire – Laura Kauffman
Teacher Questionnaire – Jeannie Ross
Teacher Questionnaire – Scott Ross
Teacher Questionnaire – Amy Murphy
Teacher Questionnaire – Ben Murphy
TRAILS report - Temkin
UA - Temkin
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CHILD AND FAMILY INVESTIGATOR (CFI) TRAINING:
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Collateral Sources of Information
The parents will have given you collateral sources of information in the data
sheets; these are the people that particular parent wants you to call. Call all of them; you
don’t know yet which are more important than the others, and you never know what new
information will surface. Keep the conversation child-centered. Some of the most
valuable information you will get is information about the other party (for example, when
you get information from mom’s friend about how dad is with the children). Ask the
collateral sources: Have you ever seen the other parent with the child? What do the
interactions look like? What kind of parenting is exhibited? If the collateral source has
never seen the other parent with the child, they probably don’t have much relevant
information for you, they are going to be honest about the faults of the parent who listed
them.
Weighing the value of each piece of information from a collateral source is one of
the most important things you will do, as you come to the conclusion of your
investigation and begin to parse through all the information in order to come to your
conclusions and recommendations, and finally write the report.
Collateral sources of information will include the following (not all sources will
pertain to every investigation:






teachers and school personnel;
medical and mental health providers;
employers and co-workers;
social service agencies;
law enforcement agencies;
friends and family.
You will be collecting collateral information in a variety of ways: provided by
the parties themselves, reports from various professionals, and the phone interviews with
friends, family, and providers.
From the collateral sources, you need to determine what the alliances are and
why. Some will be more obvious than others. If a mother-in-law is telling you negative
information regarding their son, the child’s father, but boasting about their daughter-inlaw, the child’s mother, you need to assess what’s going on. Is that alliance based on the
best interest of the child? Or a personal mother-son relationship that fell apart? The CFI
must ask enough questions to be able to determine this. What was the quality of the
mother-son relationship when he was growing up? Was it a traumatized, broken home?
Did the son grow up in foster care? Look for ulterior motives for alignments in these
situations.
The most valuable collaterals will always be those people in the child’s life who
primarily care about the child, without alliances to either of the parents. These will
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include school personnel, the pediatrician, the boy or girl scout leaders, sports coaches,
etc.
Regarding collateral reports you will be receiving, you have two purposes for
receiving and reviewing the information contained in them. First, of course, is for the
actual information contained (e.g., what social services interventions have occurred with
this family, did the parents follow the doctor’s recommendations, etc.). Secondly,
however, is the ability of the CFI to corroborate information given to them by the parent.
The CFI will be able to learn a lot about the credibility of information from the parent by
using the collateral sources of information.
If dad is always saying that the kids are late to school when they are with the
mom, the CFI can get the school attendance records and correlate the dates. Who’s
telling the truth? You might not be necessarily concerned about nine tardies and four
absences, but you want to know if they all occurred during the parenting time of one
parent. Dad is saying that mom is neglecting the child’s education because of all the
tardies and absences. He was correct about the number of tardies and absences, but a
review of the records showed that they occurred with equal frequency from both
household. The mother had admitted that she had gotten the child to school late at times,
but the father had been exaggerating the situation, and not acknowledging his own
behavior, this information guides the CFI in weighing other statements made by the
parents
In one investigation, with the above-referenced facts, the CFI had access to the
parenting plan and the school attendance records. But, unless she had known that the
parents had swapped weeks, over the winter break, the documents would have indicated
that, in fact, all the tardies and absences had occurred on mom’s watch. It was important
that the CFI knew the weeks on and off had been swapped, so she could correlate the
dates differently for fall and for spring.
Once a call to social services has been made for a particular family, a TRAILS
report will be obtainable, from the county in which the contact was made. Under some
circumstances, this report can be tricky for the CFI to track down. For example, if a
Jefferson County social worker opened and closed a case on a family, but you call
Arapahoe County and there has been no social services contacts in Arapahoe County,
then you will not get the TRAILS report from Arapahoe County. You would need to
know to ask for it from Jefferson County. Hopefully, you will get this information in the
intake interview, but you also might learn later in the investigation from a collateral
source that there has been social service intervention with this family, and that you will
want to obtain the TRAILS report.
With TRAILS reports, you will of course want the information contained in the
report itself, but you will also be looking for the credibility of information from the
parents. The dad might say, yes, social services came twice but they didn’t really care
because they didn’t find anything wrong. But the mom might say, oh, they cared a lot.
You find in the TRAILS report that three calls have been made, and social services found
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the first two allegations were unfounded, but the third was founded against the father.
Dad had to provide UA test results to social services, as well as take certain classes
before the social services case was closed.
Police reports provide another wonderful source to determine credibility of the
parent. What does the parent say about the incident? How does that corroborate with the
police report itself? Unfortunately, police reports are challenging because there are so
many counties and municipalities. The CFI will have to rely on one of the parents to
obtain police reports.
What will you find in the medical reports? Mother says she always took the kids
to the doctors appointments and she is fighting to get sole custody. The doctor’s notes,
however, show that father was at most of the visits.
The opportunity that collateral reports provide the CFI to assess the credibility of
the parents is crucial and vital to the court getting good information. If the court could
rely solely on what the parents stated, CFIs wouldn’t be needed. The court would be able
to assess credibility on its own. Collateral sources provide critical information that helps
the judicial officer to make final orders.
When you are gathering information, from the intake interviews, from the home
visits, from the collateral sources, it should be simply the gathering of information. You
shouldn’t have made your mind up yet about what is going on in the family. You
certainly shouldn’t be indicating to collateral sources exactly what information you are
trying to obtain. For instance, you wouldn’t say to the doctor that you think the mother
isn’t giving the child his ADHD medicines, and what information can s/he provide about
that situation. You would just ask for a copy of the child’s file, and see what is in the
file. If the doctor had any concerns, they should be reflected in the file.
You can also limit the information you request from collateral sources as well.
For instance, you might not need the child’s whole school file, just the attendance
records. When you request the records, you don’t need to tell the school personnel why
you are requesting them.
According to AFCC’s Guidelines for Brief Focused Assessment, “Collateral
information constitutes hearsay when included in a forensic work product, therefore,
assessors should be aware of exceptions to hearsay rules and other rules governing the
admissibility of expert opinion that may apply to forensic assessments in the legal
jurisdictions in which their assessments have been performed. Assessors should also be
mindful of the fact that the interpretation of hearsay rules and exceptions may vary
considerably from judge to judge and as a function of the unique elements of the case.”58
58
AFCC Guidelines for Brief Focused Assessment. (2009). Available for download from:
http://www.afccnet.org/about/focused_evaluations_task_force.asp
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For example, if Mom tells you that Dad’s ex-girlfriend, Susie, told her that Dad
frequently hits the children when disciplining them, but the children are afraid to tell
because they’re afraid of retaliation, this information is not reliable unless the CFI can
obtain this information directly. If Mom doesn’t know Susie’s name or phone number,
and there is no reasonable way to get this information, you can’t base your opinion on
that hearsay alone. If there’s an ability to gather that information directly from the
children or the father, then it can be used. Perhaps either the children or Dad will give
you Susie’s contact information, and you hear from Susie directly what she witnessed.
You can also ask Dad directly about the allegation or his discipline in the past, and
perhaps he will confirm it. But if he says it never happened, and the kids say it never
happened, but Mom says Susie told her, well, you can’t base your opinion on what Susie
said.
Guarding against undue influence
As you obtain reports from other professionals, you must guard against being
unduly influence by their professional opinions. They each fulfill a role in the family’s
life, but your role as the CFI is to gather all the information and give recommendations to
the court as to the best interests of the children in regards to allocation of parental rights.
So, for instance, a therapist who provides family therapy may have an opinion as to what
the parenting plan might look like, but that therapist doesn’t have access to all the
information you will gather in your investigation. That therapist won’t have spoke with
other collateral sources, nor seen the reports and records you will be collecting. So,
although the professional opinion rendered by that therapist in their report is legitimate
from their perspective, you need to weigh it as one piece of the entire body of
information you will be analyzing. A therapist’s opinion should hold important weight in
the entire picture, but it shouldn’t be your final conclusion (otherwise a Child and Family
Investigation wouldn’t be needed).
What if you cannot obtain critical information?
You will obtain a Release of Information from each parent during their Initial
Intake Interview. Some professionals, however, require a more specific release from
their own office. What happens in the following scenario?
A treating professional for one of the parents (Tim Ross) requires a
specific release on their own letterhead. You were told by the
parent that they would obtain and sign that specific release. You
now realize that time is running out. Your CFI report is due to the
court in three weeks (the hearing is three weeks after that day, in
six weeks). You call the psychologist’s office, and are told that
Tim has chosen NOT to sign the release, and therefore the office
cannot release the records to you. You call Mr. Ross, and he tells
you that, frankly, he just isn’t comfortable releasing those
particular records.
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If Mr. Ross is represented by an attorney, call that attorney first for
help. Let the attorney know what you need, and give him/her a
specific time by which you will need to receive the release, or you
will need to contact the court. In this scenario, that time passes,
and you still have not received the needed release.
What to do now? You must inform the court. Call the division clerk, and let
them know, in very non-specific terms, that you are having difficulty getting a party to
sign a specific release of information. You must request that a telephone status
conference be set, with all parties present.
The court has choices, at that point. The judicial officer could choose to have you
write your report without the records. The judicial officer could tell Mr. Ross to have the
release signed and given to you within a certain number of days or suffer sanctions. The
judicial officer might then give you extra time to prepare the report. The judicial officer
could also re-schedule the hearing farther out than the current six week setting. The court
may also have a “show cause” hearing, where Mr. Ross might be found in contempt and
given jail time if he does not comply with the court’s order. How the Judge will proceed
will vary based upon your representation of the importance of those documents and the
specifics regarding the case.
Writing the Report
You will get data sheets back from the parents about 80% of time; you will get the
personal written narrative back about 50% of the time. Some CFI’s won’t start their
investigation until they get them both back, but if you take that route, you might find
yourself 20 days before the report is due with not enough time to conduct a proper
investigation. When you don’t get the data sheets or narratives back, you can simply use
the information from initial intake interviews, the home visits, and the other collateral
information sources and note to the Court the lack of the other information requested.
Now is the time to sit down, clear your desk of anything else (certainly any other
case you are working on), and prepare for writing the report. You have your notes from
the initial intake interviews, the home visits, your phone calls with collateral sources, and
depending on the situation, different documents, reports, and other information the
parents have given you (pictures, journals, etc.). Sift through it. You are not obligated to
read every word they give you, but scan it, glance through it all to see if it has relevance.
Hopefully, you will have Teacher Questionnaires to review. You might find these
have come back from other people in the child’s life: day care providers, Sunday school
teachers, babysitters. They will always contain good information, usually focused on the
child.
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Recommendations
The judicial officers reading your report are busy, and therefore need the report to
be laid out well, with informative and descriptive headings. “Using numbered or lettered
bullet points for the recommendations helps with the delivery of a final order by the
court. For example, “The Court adopts the Child and Family Investigator’s
recommendations 2, 4, 5 and 7 as order of this Court and further rules as follows. . . .”
This permits simple, flexible, and straightforward rulings.”59
The report should be as concise as possible,
recognizing that there are limitations on the specific issues
to be addressed and the fee to be paid to the CFI. The CFI
should write his or her report remembering that the
recipients will be the parties, the court, and, if applicable,
the parties’ counsel. The report should include information
about the CFI’s investigation and data collection process,
and should address the legal standard that applies to the
case. The report should set forth the CFI’s conclusions
and recommendations regarding the child/ren’s best
interests. It should also set forth the child/ren’s wishes
even if those wishes are not ultimately recommended. It
should not include opinions and recommendations beyond
the scope of the court’s original order of appointment
without further authorization.
CJD 04-08 Standard 11
Celeste Kling’s Outline: CFI Report Writing 60
A. CONSIDER YOUR AUDIENCE:
1.
CFI’s Job: The CFI’s job is fact finding, analyzing and identifying the
BIOC (best interests of the child), and recommending clear orders to the court.
Note: A balanced, thorough CFI investigation and a well written report should
lead to appropriate, child-focused orders. This may occur either through settlement by
the parties or after a hearing before a court.
59
Elliott-Dumler and Arkin, p. C16-2.
Office of the Child’s Representative (OCR), 9/23/08 training. The authors of this curriculum
thank both OCR and Celeste Holder Kling for permission to use the video, this outline, and supporting
materials. In this outline, Ms. Kling uses the first person in talking about her personal experience as a CFI.
60
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The CFI statute requires us to perform two parallel functions, both of which are
demonstrated through the report we file w/ the court. We are to report the child’s wishes,
if they are expressed to us, and to make recommendations in the BIOC.
2.
Court/Attorneys/Parties – Consider their different needs.



3.
Court wants overview, factual information, conclusions re: BIOC,
and a clear set of recommended orders.
Attorneys want level-headed assessment, conclusions re: BIOC,
realistic take on client’s position and other party’s situation,
material to use to decide on settlement vs trial, and a foundation
for a workable solution.
Parties want to feel their concerns were heard, that a neutral childfocused person is making recommendations re: BIOC, that the
recommendations are based on time and effort, an understanding of
the family dynamics and the child’s needs. And, of course, they
want the results to go “their” way.
Tone:

Stay neutral, child-focused, and professional.

Avoid drawing conclusions outside your zone of “expertise.”

Be sensitive to the balance - beware of adding unnecessary fuel to
the fire, but give the court the information it needs to make
decisions.

Be impartial in providing pros and cons or strengths and
weaknesses for each party, and not writing an adversarial report
that is black and white or slanted to support your conclusions. The
conclusions should be drawn from the facts of the report; the report
should not be written to support the conclusions.

Give enough description to add a personal feel, to make the
children and the parents human.

The conclusions and recommendations may certainly contain
strong advocacy for the BIOC, but should not be adversarial
between the parties or punitive to any party.
B. STRUCTURE OF CFI REPORT:
See the attached “Skeleton” CFI Report. This is not a magic formula; it is just
one successful model.
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1.
Coversheet- Notice of Sealed Filing, per CJD 04-08.
[Note: In extreme cases, I have filed a motion for protective orders, requesting
the court order the parties not to discuss the report with the children or outside parties,
and admonishing them not to show the report to anyone other than counsel, evaluators,
and mental health professionals working with the family. (NOTE: CFIs are no longer
allowed to file motions in any district.)]
2.
Overview on Page 1– [Note: My logic is that the court (or other readers
in a hurry) could read the overview and move straight to the conclusions and
recommendations for a quick assessment of the case, so I want to give a critical minimum
of information up front.]

Nature of CFI Appointment: List date of appointment; names and
ages of children, topics to address pursuant to order of appointment
(APR/ PRC/Par X/Removal/Other).

Contacts: List interviews conducted (indicate if not alone); home
visits; telephone calls (indicate if performed by other staff);
documents reviewed (pleadings; correspondence; police reports;
DoSS reports; medical or school records; IEPs; photographs, etc.).

Summary – Give a procedural & practical overview in 2-3
sentences. “Why are we here?” (For example: This is a post
decree case. Currently, the children live 50/50 with each parent on
alternating weeks. Mother wants to relocate to Argentina; Father
wants to become the primary residential custodian of the children.
The children, who are in junior high school, wish to stay in
Colorado.)
3.
Background – Here, I provide a multi-paragraph general factual history
as background before going into the litany of each person’s “story.” This gives the reader
context for all of the divergent versions of the family situation. This section can be very
brief or not. It may contain a set of consensus facts about when the parties met, married
(if), where they lived and worked, daycare and school history for the children, the
existence of police or DoSS involvement, an identification of major issues (mental health,
substance abuse, removal, school selection, incidents of domestic violence61, etc.) in the
case and concerns for the children’s well-being. One advantage of providing background
information up front is that it does not have to be repeated in each person’s section.
61
Domestic violence is not incident based, but rather an ongoing atmosphere of intimidation and
control punctuated by incidences of abuse.
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4.
Summary of Party and Witness Information – Person by person, give
almost an “offer of proof” summary of what they report as the history, concerns, BIOC,
requests… Include summaries from each parent, from each child (or the children as a
group), from home visits, from outside witnesses – counselors, caseworkers, teachers
(sometimes grouped), and other ancillary witnesses. Include information from your
standard interview questions, including what the children are interested in and do for fun
with each parent, what the parents see as their own and the other parent’s strengths and
weaknesses, and so on.
In general, I use this section to tell each person’s story, and I do not try to make
them all consistent or to determine who is right and wrong here. Occasionally, I provide
demeanor information as part of the description, “Ms. Smith was crying uncontrollably
and seemed unable to maintain her train of thought.” Or, “Mr. Wilson made no eye
contact and was unresponsive to a series of questions from the CFI.” On rare occasions, I
provide a bracketed factual counterpoint, when I think it is critical to the reader’s
understanding of the big picture. [The breathalyzer results showed a BAC of .02.]
Use judgment in determining which possible outside sources to contact, and how
many of them to contact. Beware of contacting multiple “character witnesses” for one
party and not the other. Beware of family witnesses and “tribal warfare.” I prefer to
focus primarily on neutral and professional sources when they are available, because this
is less disruptive to the child’s family community.
Child’s Wishes:

The child: I try to offer a brief image of the child for the reader,
including a bit about age, interests, activities, school, and
temperament, so that the reader has some impression of who the
child is.

Each child separately? One section of the report is usually about
each child. I always interview the children separately, to avoid
“tattling” reports from the other siblings. Occasionally, if I fear
there may be parental retribution against one or more of the
children that might be minimized by not identifying all of the
information I received from each child individually, and I may
group their comments in one section. (“Two of the children
reported that their mother acts sad whenever they say they have
done something fun with their father.” “Each of the children
talked about specific scary times when they were afraid their father
would hurt them or their mother.”)

Verbal/Nonverbal children: The child may express their wishes, in
which case we need to understand and interpret those statements
and present them appropriately to the court. Or, the child may not
express his or her wishes verbally for several reasons, including
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being non-verbal due to youth and development, not wishing to
express wishes, not having a preference. In this case, we need to
observe non-verbal behavior and reactions of both pre-verbal and
verbal children, and we need to find other signals of comfort or
discomfort from children who say “I don’t know” or “I don’t care”
or other non-directive or non preferential statements.
I recently had a very challenging case with a 9 y/o girl who would answer quickly
and responsively to all kinds of questions about school and life, but would not say
anything negative about anyone in her family, even though there had been multiple social
services reports. When I asked her a question, she would pause at length, and think, and
then reply in a way that her words were not incriminating of any person. But her
demeanor told it all. Her facial expression and her body language were powerful and
very, very communicative.
Many children are less guarded than this child, but they still think the status quo is
fine and do not want to request any kind of change, because they do not want to be
blamed for any adjustments. Sometimes, with these children, I offer them a spectrum of
options. “How would you feel if the court said the schedule would be …X? Or… Y?
Or…. Z?” Often, this will generate responses that tell me the child would be comfortable
with more time with dad, but not more time with mom… or whatever.
Use judgment and discretion in reporting the child’s wishes, but report them
accurately! This is usually the most clear and impartial channel by which the child’s
wishes are made known to the court. If you disagree as CFI, you may say so in your
recommendations, but not here. I usually repeat the information back to the child…. “If I
tell the judge that you want X, or would be comfortable with Y, or that your order of
preferences between this choices is 1..2…3, is that right, or did I misunderstand you?”
Once I am clear, then I can reflect the child’s wishes in the report. Sometimes I ask the
child, “It sounds as if you do not want to say that you prefer one option over another.
Would you rather I just recommend whatever makes the most sense to me?” That works,
too.
5.
Conclusions: This is the place to draw the report together. If possible, it
is kind to start by saying both parents love the child very much and they each bring
strengths and assets to the child’s life, or something else positive and true. This is the
section in which I explain what I think the BIOC is and why. (Who would be the best
primary parent for these children and why? Why did I select the parenting schedule that I
have recommended below?) If I have conclusions about credibility or motivation or
appearance of instability or other issues that are my own conclusions, I put them here. Do
beware of absolutes and sweeping generalizations; keep the focus on these children and
this family. If there are things that I will be recommending as suggested instead of as
orders, I usually put that explanation here.
Even though many people read the recommendations first, I think the conclusion
section is the most important part of the CFI report. I think that the judge could take this
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section and chop off the recommendations and write equally good orders most of the
time, just operating from this section as “findings” and a springboard. Also, I think that a
report that goes straight from the background and “offers of proof” directly to the
recommendations is depriving the parties, the attorneys, and the court of the reasons for
the recommendations. The recommendations could be completely arbitrary and
capricious if the CFI does not explain WHY he or she has concluded that these orders
would be in the BIOC. This is the section that shows our rationale and weighing of
factors. It is a critical basis for persuading others to accept or reject the CFI’s
recommendations.
6.
Recommendations: Write these so that they can be cut and pasted into
an order, (except I say “should” instead of “is ordered”).
a)
Allocation of Parental Responsibility (APR) – In general I itemize
education, religion, and non-emergency medical care. As attorneys, we know
these are included, but I think it provides helpful clarity to parents and third
parties who may be reading the orders later in a school, medical office, police car,
etc. I clarify that both parents are entitled to access to education and medical
records in CO even if they do not share joint APR, and that both may share
religious beliefs and practices with their children even if not joint APR. If there
are exceptions, defaults, or tie-breakers, I spell them out. (For instance, I may say
that the children are to stay in their current schools and with their current medical
providers and there will not be a change to these arrangements unless both parents
agree. Or, I may say that the parents are to make joint medical decisions on nonemergency matters, but if Dad contacts Mom and she does not respond within 48
hours, Dad may proceed to make the decision, but he should inform Mom of what
he has decided.)
b)
Parenting Time – Usually, I start with identifying one party as the
primary residential custodian, based on BIOC, and clarify what parenting time
with other parent should be, or recommending a 50/50 parenting schedule and
clarifying the parenting time for each parent, as follows:




school year
summer
holidays
other
If a progressive, multi-step schedule is needed, then build in stages. Some
examples are attached. (Sometimes multi-step schedules are needed because the child is
very young, or the parent is being introduced into the child’s life, or the parent is
recovering from a substance abuse problem, etc.)
c)
Other – Of course, every case is unique, so the particular orders
that a family needs might include some of the following topics: counseling;
telephone calls with children; drop off and pickup locations or transportation;
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non-disparagement rules; special schooling provisions; extracurricular activities;
parental communication; parenting classes or coaches or coordinators; safety
issues such as car seats, paintball, boats, motorcycles, guns, helmets, and
seatbelts; parental smoking; travel logistics for long-distance parenting; substance
use and abuse issues; etc.
C. WRITING CONCRETE PARENTING PLANS:
1.
General rule: Everyone needs some “default” parenting orders. More
specificity and rigidity is needed in the guidelines for people who cannot cooperate and
communicate. This means their orders should contain specific times and places for d/o &
p/u; specific holidays; who gets to schedule first for summer vacation and rotating years,
etc.
2.
Presumptions for or against change: It is important to consider whether
moving forward to a different schedule or less supervision should be presumed and one
party should have to go to court or otherwise block it if problems arise, or whether the
progression should not be presumed, and one party should have to “earn” it by jumping
over certain hoops to move on to the next stage. If there are hoops, they need to be
drafted clearly and unambiguously and the person who is playing referee must be clearly
identified. Is the referee the parenting coordinator, or the child’s therapist, or the
substance abuse evaluator, or the other parent (ugh!) or the court? (Identifying the
correct referee depends on the problem and, of course, the court is always the final
referee. Financial constraints for the family can impact the spectrum of available options
here, too.)
3.
Creative, Flexible & Concrete Orders for Complex Cases: 5 sample
“recommendations” sections are attached, from highly conflicted cases, as well as other
sample provisions, just as examples and food for thought.
Note: Some of these sample sections refer to a CFI, others refer to a special
advocate, but the role and obligations are the same. The names of the parties and
children have been changed in the attached samples.
This concludes Celeste Kling’s outline, which accompanies her Sept. ’08 presentation at
the OCR conference. We are indebted to Celeste and OCR for permitting use of these materials.
From which perspective?
The recommendations you come to, for the best interests of the child, must be
based on what the child can tolerate regarding transitions, parent interactions, and the
child’s cusses in school and/or other extra-curricular activities. The Child and Family
Investigation is conducted for the child, not for the convenience of the parents, nor
“fairness” to the parents. It is about what the particular child can tolerate, and under what
circumstances will that child best thrive.
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CHILD AND FAMILY INVESTIGATOR (CFI) TRAINING:
DAY 4: COLLATERALS AND WRITING THE REPORT
This becomes important when you testify in the case. A CFI oftentimes is
challenged about how many hours (or even minutes) of parenting time were
recommended for one parent or the other, how many days and overnights were
recommended for one parent or the other. The recommendations, however, are not about
what the parents think, based on their desires to have more time with their children. The
recommendations must be about what that child can tolerate in his or her life. How old is
the child? How sensitive? How easy are transitions for this child? Is the child
comfortable in both parental environments? Is there a “significant other” in the
household of one of the parents that the child doesn’t tolerate well? Does that parent try
and accommodate the child over their new partner?
The perspective from which the recommendations are written must be the child.
The CFI should try and put himself/herself into the shoes of the child, to imagine the
recommendations being carried out in the future, and how they will affect that child.
When can the CFI facilitate and/or encourage settlement?
Just before or after writing the report to the court, the CFI might recognize that
the parties agree on many aspects of the parenting plan. The CFI may then use that
information s/he has obtained in ways that facilitate or encourage settlement on those
issues.
For example, if at your home visit with the father, he states that he’s okay with
visiting the children the same amount of time the mother is proposing he visit with the
children, then that parenting time is not a conflicted issue and the CFI should work
towards memorializing that stipulation. A CFI should never make their own independent
recommendations that conflict with the parties on that issue unless the stipulation is
ABSOLUTELY not in the child(ren)’s best interest. For example, if both parties believe
in joint decision-making, even if the CFI believes it won’t be successful, the CFI should
not recommend to the Court that one parent should have sole decision-making.
Domestic courts resolve conflicted issues.
Safety measures
If there has been a history of domestic violence in the family, the CFI needs to
look at the options available in the community to help ensure safety in the family.
Supervised exchanges might be the only appropriate way to exchange the children
(although this should be used only in the most extreme cases). Having a third party
exchange, for instance at an extended family member’s home, could work, if one parent
drops the children off and leaves before the other parent comes to pick up the children.
Sometimes, exchanges at public places can work well, for instance, at the library,
the school, the police department, a grocery store: public places where there will always
be other people around, which tends to promote better behavior from the adults. A fastfood restaurant with a space for playing is often a good choice (although some parents
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don’t like it, because the children will expect to be fed). A park works in good weather,
but doesn’t work in rain or extreme cold.
Community Resources
A CFI needs to be continually on the lookout for community resources available
to parents. There are many services in each community, and the cost for each ranges
from free to very expensive. There are visitation centers, safe exchange programs,
parenting classes, co-parenting classes, Child Find (for developmental assessments),
community mental health providers, to name just a few. Services such as supervised
visitation centers and supervised exchange programs can become very costly. For
families that need supervised exchanges or visitation, sometimes judicial districts have
grants to help pay for these services, so families can transition back to a more normalized
visitation schedule.
Every community has a school district and a community mental health center with
valuable resources for families. Sometimes community mental health centers are free for
children who are eligible for Medicaid, but may be too costly for families that do not
qualify. The CFI should uncover, during the investigation, the needs the family has,
whether they have knowledge of programs that would help, if they qualify for assistance,
etc. This course cannot teach what is available in each community, because these
resources change over time, but the CFI needs to always be on the lookout for community
resources that could help the families they are working with.
Sometimes, the parents belong to communities they can turn to, but haven’t
thought of. If they are a member of a religious organization, they might ask if the
members of the congregation could help with supervised exchanges or supervised
visitation. Many congregations have support groups or are aware of low-cost services in
the community. All family resources should be considered.
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DAY 5: PREPARING FOR COURT AND MENTORING
DAY 5: PREPARING FOR COURT
AND CFI MENTORING
Learning Objectives






Understand Court testimony responsibilities.
Understand conferences with parties and/or the Court
Understand discoverability of CFI file.
Understand limitations to discovery of file.
Understand importance of objectivity in Court.
Understand importance of CFI mentoring.
CFI Materials
5a: Evidence Rules
5b: CFI Affidavit of Compliance
5c: 1st JD CFI Application Instructions
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CFI Testimony in Court
The CFI needs to be prepared to testify in court if requested by the judicial officer
or the parties or subpoena’ed by their attorneys. It is good idea to have a written policy
for the parties as to how many days before the hearing they need to request that you
attend, as well as any payment requirements. CJD 04-08 amended 11/11 sets a
presumptive cap of $500 for the CFI testimony (including preparation). The day of the
hearing is oftentimes on the Appointment Order, and the CFI should keep that day open
on their calendar, in case s/he would need to testify. This is a critical day for these
parties; permanent orders will be rendered on that day. You need to make sure you will
be available if you are needed.
The CFI needs to be prepared to support each statement within their report,
supporting each sentence in the report. For each fact in the report, the CFI should be able
to refer back to a specific document, or state how they came to that opinion, based on the
information in the file. Regardless of whether it is a list of facts, or history of the family,
or the CFI’s analysis, each fact in the final written report must be supported in the file.
Nothing in the final report can be arbitrarily added. If there is a fact noted in the CFI
report regarding the background of the family, it should be documented either in the
intake documents, the interviews with the parties or collateral sources, or in the collateral
documents.
Oftentimes when the CFI is being cross-examined in court, s/he will be
questioned about what was NOT done in the investigation. Because a Child and Family
Investigation is a “brief assessment that is non-intrusive, efficient, and cost effective,” the
investigation was never intended to be all-inclusive. If asked about why s/he didn’t do
something in the investigation, the CFI should just honestly state why that particular
action was not taken. Perhaps the CFI didn’t think it was relevant, or cumulative (would
have duplicated other fact-finding actions), or perhaps the proper contact information had
not been made available, or perhaps the CFI simply didn’t get to it. It is far better to
simply be honest, than to make an excuse. If the court feels it is important information
that is missing, the judicial officer can send the CFI back out to obtain that information
before making a final decision. If it is critical information, the attorney has the option to
bring in a witness to give the information directly to the court.
Whatever you do, just be honest and non-defensive on the stand. No one expects
the CFI to have done everything possible, to obtain every bit of information on the
family. This isn’t an excuse not to be thorough in your investigation, but recognize that
you can’t do everything.
Hearsay and expert testimony
More information regarding rules of evidence are provided in the CFI Resource
5a: Evidence Rules. Evidence rules and expert testimony rules are not provided here in
order to teach the CFI about what they are responsible for testifying about in trial or to
teach them the Rules of Evidence. Instead, it is to give them a brief overview of what is
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allowed and what is not allowed, if properly objected to. The CFI, when testifying,
should answer any question asked of them, unless the judge sustains an objection. The
CFI should answer the question even if the CFI believes that the question does not fall
within the rules of evidence as to allowable testimony.
What is hearsay? Hearsay is a statement made out of court by a person who is not
in court, prior to the hearing, and it is now being presented for the truth of the statement.
An example of hearsay by a child would be a parent testifying that a child said, “I don’t
want to go to daddy’s house.” The statement was made by the child, who is not in the
courtroom, and is not going to be in the courtroom, so the child cannot be cross-examined
on the statement.
Or, for example, father testifies that his mother, the child’s grandmother, said
“The child’s mother is simply incapable of providing enough oversight for the child at the
park, because she won’t stay off her phone.” If Grandma isn’t testifying, the opposing
attorney or opposing party would not have known that was a statement that was going to
come into evidence, therefore they didn’t know to subpoena Grandma. The context of
that statement can’t be cross-examined because Grandma isn’t there. So, the attorney for
the mother can’t ask Grandma, why did you say that, what else was said, what is your
basis for your opinion? The court cannot rely on the truth of that statement; it is hearsay.
The CFI, testifying as a court expert, however, will be able to put hearsay
statements into context, and they will be documented in the CFI file. The CFI will be
able to talk about what the circumstances were when the statement was made, and
whether the CFI believed the source was credible or not. The CFI can be cross-examined
as to why and how much the CFI relied on that statement in coming to his/her
recommendations.
The CFI will have the full notes of all conversations held with collateral source
information, and the CFI file is discoverable, so it can be obtained by the parties and/or
their attorneys prior to the hearing. In this way, the parties and attorneys will be prepared
to question the CFI at the hearing as to the statements contained in the CFI file.
The CFI’s role is not to determine what is allowable testimony, even if the CFI is
an attorney. It is the responsibility of the parties and/or the attorneys to stop testimony
that is not proper evidence. Judges are not to consider evidence that is improperly
presented. If there is not a proper objection, the judge may allow the testimony to be
given, but the judge likely will not consider it when making the ruling.
The purpose of presenting this information to CFIs in this initial training is for
them to have a broad sense of the Rules of Evidence to help shape their testimony, and
the preparation for the testimony, based upon the information they have collected in their
investigation. For example, a CFI might be asked how and why they came to the
recommendations regarding how much time each parent has with the child. Why did the
CFI recommend that one parent have so much less parenting time? Why did the CFI
recommend sole decision-making? In this instance the CFI should not answer, “Well,
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Parent B doesn’t ever listen to the question when asked, and therefore it would be very
difficult for Parent A to be able to make joint decisions with Parent B.” A better response
would be, “In the past, Parent A has requested involvement from Parent B in regards to
decisions, such as choosing day care providers, doctors, dentists, etc., and Parent B rarely
responds. Therefore, joint decision-making would prevent Parent A from obtaining these
services in a timely manner. Hence, it is my opinion that sole decision-making is in the
best interest of this child.”
For an example of hearsay, consider the following situation, in which a CFI might
have used inadmissible information in which to make a recommendation:
The CFI recommended sole decision-making, because the mother had
alleged domestic violence. Domestic violence is a factor in determining
decision-making responsibility.
If the court makes a finding of fact that one of the
parties has been a perpetrator of domestic violence, then it
shall not be in the best interests of the child to allocate
mutual decision-making responsibility over the objection of
the other party or the legal representative of the child,
unless the court finds that the parties are able to make
shared decisions about their children without physical
confrontation and in a place and manner that is not a
danger to the abused party or the child.
C.R.S. 14-10-124(1.5)(b)(V)
In this particular case, the mother had promised the CFI to obtain the
many police reports in existence, to support her allegations. These
reports had not been provided to the CFI, however, in time for the CFI to
review the reports before writing the report for the court.
On the day of the hearing, the CFI testified that she had based her
recommendation for sole decision-making on the police reports that the
mother had never provided. The CFI was then asked by counsel for the
father whether she would have recommended sole decision-making
responsibility if there had been no allegations of domestic violence. In
this instance, the CFI had to admit that no, she would not have
recommended sole decision-making responsibility, except for the
perceived truth of the allegations of domestic violence.
In this instance, since the CFI had never been able to see the police
reports, the CFI’s recommendation was based solely on Mother’s
reputation; Father’s counsel can then present relevant information to
rebut the basis of the CFI’s recommendation. As always, the Court will
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have the final decision regarding the relevance of the information and the
basis of the recommendation.
This section is provided in order to give CFIs a basic knowledge of what hearsay
is and what experts can testify to, according to the Colorado Rules of Evidence. This will
help the CFI to present and testify in court in a professional manner.
Settlement Conferences
Attorneys are required to consult and make efforts to resolve issues pending
before the court following the submission of the CFI report. One of the ways that the
court ensures this attempt is made is by requiring the attorneys to provide a Joint Trial
Management Certificate to the court, usually required to be submitted at least 10 days
prior to the hearing. This Trial Management Certificate states what issues the parties
agree to through stipulations, what the contested issues are, and each party’s position in
regards to those contested issues.
Sometimes, when the attorneys believe they are close in resolving all the issues,
they may invite the CFI to join them in the settlement conference. On occasion, the
parties will be in a settlement conference, not having invited the CFI, and might call the
CFI to help resolve a final point or request information from the CFI as to what the CFI
would testify to on a certain point to see if disseminating that information will guide the
parties to settlement. For example, if a parent believes that they can convince the CFI on
the stand to expand their parenting time based on a mis-stated fact in the CFI report, the
attorneys may call the CFI and say, knowing this additional fact or correcting this
incorrect fact, would you change your position in regardisn to the suggested parenting
plan. The CFI’s answer could guide the parties to a settlement. It is not inappropriate for
a CFI to tell both sides what the CFI would testify to on the stand.
In cases where the parties are not represented by counsel, if the CFI recognizes
that the parties are very close in regards to their positions, or the CFI recognize that both
parties are satisfied with the recommendations made in the CFI report, it is not
inappropriate for the CFI to offer to meet with both sides prior to the hearing as long as a
restraining order is not in effect. This could be an opportunity for the parties to resolve
their issues pending before the court without the stress of having a full hearing.
If the parties agree on some or all of the recommendations, or they agree on some
modifications of the recommendations, the CFI can present this information at the time of
the hearing, to help facilitate the resolution of all or most of the conflicted issues. In
most cases, if child support is being handled by the same court and the parties are not
represented by counsel, the parties will need to go to court even with a full stipulation to
allow the court to compute child support.
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Conferences with the parties and/or the Court
The CFI’s role in all conferences with the parties and possibly the judicial officer
is to share the information gathered in their investigation in as neutral a fashion as
possible, always focused on the best interests of the children. A CFI should never be
afraid to answer a question and should never intentionally hide any of the information
gathered. Sometimes this is difficult if you believe that the disclosure of certain
information might be misinterpreted or used negatively towards the source of the
information.
If at any time the CFI has gathered information, the revelation of which they
believe would be harmful to any person, the CFI can look to Standard 12 of CJD 04-08
for guidance. “If a CFI believes that the release of any particular information or test data
would harm any person’s welfare, s/he should inform counsel and the court of his or her
concerns and await further order from the court before releasing the information in
question.”
Documenting every aspect of the investigation
The CFI’s file is discoverable, which means that if either party asks for the file,
the CFI is to copy every document in the file. There is no protection against any piece of
information in the file; it should be copied and presented to the party. The party is
required to pay for the copies, at the rate designated in the Policies for Parties and
Policies for Counsel, as well as the time it took to copy.
The discovery of the CFI file is informal. A simple request from the parties
and/or their counsel is enough. The CFI should not make it complicated. However,
remember that if you think the contents of the file would endanger any person’s welfare,
you must notify the court and await further order from the court before releasing that
information.
If any information is requested after the final hearing, the file is not discoverable
to anyone without a court order, including the parties and their attorneys.
Record Keeping and Release of Information (AFCC Model Standards, 2006)
1. The term “record” refers to the following documents relating to the assessment:
notes, recordings, pleadings and other court papers, assessment instruments and testing
data.
2. Brief focused assessors should have a system of record-keeping and
professional communication that is consistent with laws, rules, and regulations, and
safeguards applicable privacy, confidentiality and legal privilege. Unless laws, rules of
the court, directives from the court, rules promulgated by regulatory bodies or private
agency policy specify otherwise, assessors should presume that their records are created,
maintained and preserved in anticipation of their review by others who are legally
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entitled to possess them and/or to review them.
3. Records of all aspects of the assessment should include reasonable detail,
should be legible and stored in a manner that makes expeditious production possible.
They should be made available in a timely manner to those with the legal authority to
inspect them or possess copies of them. Excluded from the requirements alluded to in the
foregoing discussion of record production are items that may be protected from
disclosure by copyright laws.
4. Brief focused assessors or the agencies they work for should maintain active
control of assessment records and take reasonable care to prevent the loss or destruction
of records.
5. Brief focused assessors or the agencies they work for should establish policies
regarding their procedures, including procedures for the release of information and
payment of fees, if applicable.62
Avoid the impression of alignment with either party
The CFI should never sit with either parent at court. Some judicial officers have
the CFI sit in the jury box, but not all courtrooms have a jury box. The CFI should make
brief contact with each party prior to the beginning of the hearing, but should not engage
in any converstion other than settlement conversations on the day of court, prior to the
hearing.
Missing information?
What happens if you get to the end of the investigation, and you have filed your
report, and new information comes to light? This might be a collateral source that has
now surfaced, after having been unavailable. What do you do? Revise your report?
How do you tell the court?
It depends. Would the new information change your recommendations? Then,
you do need to amend the report. If the new information would not change your
recommendations, you don’t need to do anything. You might be questioned about the
new information in court, but you will be able to state that it would not have changed
your recommendations, so you did not feel the need to amend the report.
You won’t be hiding anything. You don’t put all information gathered into your
report in the first place. If you choose not to amend the report with the new information,
it will be because you don’t think it is relevant to your recommendations, and you should
be comfortable testifying to that fact.
62
AFCC. (2009). Brief Focused Assessment, pp 9-10.
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CFI Mentoring
Although this 40 hours of training might seem like a lot, prior to the week
beginning, it is likely clear to you by now that this 40 hours is not enough.
A CFI will benefit from finding a mentor to re-emphasize the importance of
certain aspects of things you’ve learned through this week. A mentor can help keep you
on task and focused on your CFI appointment, and help you from turning into an
advocate rather than an investigative arm of the court.
A mentor has many experiences that help prevent errors, omissions and lack of
clarity. The purpose of a mentor isn’t to re-teach you everything you’ve just learned, but
to help guide you to stay on the path of your neutral role.
You can use a mentor when you feel like you’ve hit a dead end, and need help
knowing where to go next. A mentor can help you “process” through a situation when
you feel there are no answers, give you guidance on how to deal with a difficult party,
give you helpful hints on how to obtain professionals’ reports, and be a resource for the
services available within the community. A mentor will give you assistance with
implementing policies and procedures, support for unexpected situations, a review of the
process used and thoroughness of your investigation.
Many mentors would gladly read over your report to give feedback and ensure the
logistical flow from your facts to your recommendations. If you are going to use your
mentor for this purpose, be sure to write your report early and give your mentor plenty of
time to work that task into their busy schedule. Ideally, your mentor will also help coach
you on how to prepare to testify at court.
How will you find your mentor? You might belong to one of the professional
organizations to which CFIs belong (AFCC, MDIC, etc.). You can also use the judicial
district CFI list to get names and contact information for people who are already doing
this type of work. Be sure you pick a mentor that you know, or that one of the judicial
officers in the district recommend as a good fit for you to use as a mentor. For example,
you wouldn’t want to pick the name of someone who has only recently been placed on
the list. You might not know that information if you haven’t asked around. Family court
facilitators are another good source of recommendations for who might be willing and
able to be a good mentor.
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BIBLIOGRAPHY
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Association of Family and Conciliation Courts. 2009. Guidelines for Brief Focused
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http://www.afccnet.org/about/focused_evaluations_task_force.asp
Baum, J. (2010). “Investigation of Cases Involving Substance Abuse Issues.” In Smith,
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Campbell, J. (2011). Lethality Assessments: Saving Lives Through Education. 10/6/11
Southern Colorado Domestic Violence Symposium, CSU-Pueblo. Powerpoint:
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Hynan, D.J. (2003) “Parent-child observations in custody evaluations.” Family Court
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Attachment.
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