In Colorado, Parental Responsibility Evaluators (PREs) must meet specific qualifications outlined by the state laws. The qualifications include:
1. Mental Health Licensure: PREs must have proof of mental health licensure, ensuring they are qualified to assess and report on psychological aspects relevant to custody evaluations .
2. Training and Experience: The licensed mental health professional must be competent by training and experience, as detailed under the specific legal subsections relevant to family law and custody evaluations .
3. Background Checks: PREs must pass a background check to be listed on the Statewide PRE roster, ensuring their reliability and integrity in handling sensitive family law cases .
4. Comprehensive Evaluation: Unlike Child and Family Investigators (CFIs), PREs conduct full custody evaluations, providing a more in-depth analysis of the parenting issues at hand .
The Parental Responsibility Evaluator (PRE) process in Colorado, while seemingly comprehensive, raises concerns about accessibility and fairness. The 3 to 6 month duration for an investigation, dictated by the evaluator's availability and case complexity, can be excruciating for families in turmoil, prolonging uncertainty and stress. The roster that narrows the field of available professionals down limits the choices for parents that have needs for these evaluators.
The financial burden is particularly alarming, with substantial retainers and fees that could escalate to $30,000, making this process prohibitive for many families. This raises questions about equity in the legal system—do only those who can afford these fees get their children's best interests thoroughly considered? Situations necessitating such evaluations, like relocation or addressing substance use, are challenging enough without the added strain of financial worry. The PRE system has been heavily criticized for being easily manipulated, leading to scenarios where the more affluent spouse may benefit due to their ability to better afford the high costs of evaluations .
Moreover, while the legal framework outlined in C.R.S. § 14-10-127 aims to ensure structured and fair evaluations, the reality can feel quite different for parents embroiled in these disputes. The legislative intentions might be sound, but the on-the-ground execution can seem detached from the real and immediate needs of families, emphasizing procedural thoroughness over the emotional and psychological toll on children and parents. The focus on comprehensive evaluations, though well-intentioned, sometimes loses sight of the human element—families in distress seeking resolution and support.
The Judicial Branch does not certify or endorse PRES. Parties should independently investigate PRE qualifications and suitability. Those listed on Statewide PRE Roster submitted a PRE affidavit, proof of mental health licensure, passed a background check, as determined by the Office of the State Court Administrator, and submitted proof of mandatory training pursuant to CJD 21-02. The SCAO determines final eligibility for appointment of PRES. PREs should have no expectation of appointment.
"Licensed Mental Health Professional" refers to the following:
a) psychologists licensed pursuant to §12- 245-301, C.R.S., et. seq.;
b) social workers licensed pursuant to §12- 245-401, C.R.S., et. seq.;
c) marriage and family therapists licensed pursuant to §12-245-501, C.R.S., et. seq.;
d) licensed professional counselors, licensed pursuant to §12-245-601, C.R.S., et. seq.; and
Definition of Mental Health Provider as Defined by CJD 21-02
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