A CFI is appointed by a judge to assist the court in making the right choices for children, focusing on their best interests.  As a CFI, Gabriela will independently investigate the relevant issues and make recommendations as to parental responsibilities which may include decision-making, parenting time, or relocation.

Regardless of who requests the CFI appointment, the Court may apportion the CFI’s fees and costs to both of the parties, or to one of them.  If either party is indigent, the state of Colorado may pay all or a portion of the fee at the state rate.

The most recent Chief Justice Directive, amended in November 2011, caps the CFI fees at $2000. If the fees are going to be higher than that, the CFI may go back to Court to explain that extraordinary circumstances exist and the additional fee is justified.

Dependency & Neglect cases involve the physical, sexual or emotional abuse and neglect of children.  In these cases, a Guardian ad Litem is appointed by the court to perform an independent investigation.  The Department of Human Services is the Petitioner in these cases.  Parents are required to successfully complete a “treatment plan” and the termination of parental rights is a possible outcome.

~ The information above was taken, in part, from the Animal Legal Defense Fund.

Veterinarians are heroes.  They save the lives of animals, they make their livelihood striving to help injured or sick animals regain their health and they work to keep healthy animals well. Veterinarians in Colorado have also been instrumental in key legislation related to animal anti-cruelty laws. We trust our veterinarian and owe much gratitude to the veterinary profession. When we bring our beloved animals to a veterinarian, we trust they are professional, competent, and of course, practice in accordance with the accepted standard level of care owed to our animals and required by law. A trip to the veterinarian’s office is not unlike a trip to the pediatrician.

Unfortunately, some animals do suffer misdiagnosis, inappropriate treatment, incompetence, and/or care below the acceptable standard during their visit to the veterinarian. When this happens, an attorney can help you determine the best next steps for you to take.

Here in Colorado, veterinarians are regulated by the State Board of Veterinary Medicine. Prior to seeking remedies in a Colorado court though, the Board has the authority to hear the matter and render a decision. Among other issues, the Board may hear matters related to incompetence, negligence, or other malpractice in the practice of veterinary medicine. The Board will likely conduct an investigation and may hold a hearing which could end in disciplinary action, suspension, or revocation of a veterinarian’s license to practice. Note that the statute of limitations on actions brought against veterinarians in Colorado is two years from the time the action accrues. If you believe you have a dispute with a public or state entity you are also required to properly notify the designated authority of your intent to sue within 180 days.

Typically, what must be proved in a malpractice or related action is that the veterinarian was under a duty of care toward the animal, that the level of care was below the standard normally acceptable by other professionals in that same field (often called a letter of certification which you must obtain from another vet or vet specialist), that the substandard care was the reason for the injury, and as a result, the injury to the animal resulted in damage to you, the caretaker.

Legal Update

On July 1, 2007, it became mandatory for Colorado veterinarians to report animal cruelty and animal fighting. The new law states that if a veterinarian suspects that s/he is treating an animal that has been subjected to cruelty or animal fighting, it must be reported to the appropriate authorities. The veterinarian is protected by law if the report is made in good faith.

~CACVT Issue Briefing: Mandatory Reporting, December 2007

For an in-depth exploration of major legal issues relating to companion animals and housing, see “No Pets Allowed: Housing Issues and Companion ♦Animals” (PDF) by Professor Rebecca J. Huss.

The trust has to name a caretaker to take responsibility of your pet and must also name a trustee to manage the trust fund. The fund is money set aside for the caretaker to follow through on your wishes. The trustee, per your specific instructions, can check in periodically with the caretaker to verify your wishes are being carried out. We can help you decide what sort of arrangements will be best for your animal companions.

CBS News provided easy-to-understand coverage of Pet Custody in its nightly news. Read the report >

An act of violence against a family pet or, even threatening an act of violence, is a form of domestic violence and is a violation of Colorado’s criminal code. While the criminal code expressly includes protection of an animal when threats of violence or violent acts toward the animal are used as a method of coercion, control, punishment, intimidation, or revenge, the civil statute is a bit different. The definition of civil protection order can include any provision to protect the victim from imminent danger to life or health. Depending on the situation, the pets may be included in orders of protection so that they, too, can be safely harbored from the abuser. Protecting both the human and companion animal is of utmost importance.