2021 Colorado Code
Title 19 - Children's Code
Article 3 - Dependency and Neglect
Part 6 - Termination of the Parent-Child Legal Relationship
§ 19-3-607. Expert Testimony
- An indigent parent has the right to have appointed one expert witness of his or her own choosing whose reasonable fees and expenses, subject to the review and approval by the office of the respondent parents' counsel, shall be paid by the state of Colorado pursuant to section 19-3-610.
- All ordered evaluations shall be made available to counsel at least fifteen days prior to the hearing.
History. Source: L. 87: Entire title R&RE, p. 790, § 1, effective October 1. L. 2016: (1) amended,(SB 16-205), ch. 216, p. 830, § 1, effective July 1.
Editor's note:
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-11-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
ANNOTATIONLaw reviews. For casenote, “People in the Interest of A.M.D.: Are Parental Rights Terminated Too Easily in Colorado?”, see 55 U. Colo. L. Rev. 423 (1984).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
By taking advantage of opportunity to have an expert appointed by the court pursuant to this section, an individual submits to the disclosure of the evaluation to all parties and waives any psychologist-patient privilege which may have attached. People in Interest of T.S.B., 757 P.2d 1112 (Colo. App. 1988), aff'd, 785 P.2d 132 (Colo. 1990).
Attorney-client privilege did not attach to expert evaluation conducted by expert appointed under this section. D.A.S. v. People, 863 P.2d 291 (Colo. 1993).
Provisions of subsection (2) may be waived by a party in interest. People ex rel. J.F., 672 P.2d 544 (Colo. App. 1983).
Applied in People in Interest of A.M.D., 648 P.2d 625 (Colo. 1982); People in Interest of T.R.S., 717 P.2d 1025 (Colo. App. 1986); People in Interest of L.G., 737 P.2d 431 (Colo. App. 1987).
