child neglect
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10th Circuit rules child welfare worker immune for alleged false statements at custody hearing
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The Denver-based federal appeals court ruled on Tuesday that a child welfare worker’s testimony during a temporary custody hearing, even if it was false, cannot be the basis for a civil lawsuit under the longstanding principle shielding witness statements in judicial proceedings. A trial judge previously believed the allegedly untruthful statements of former Arapahoe County…
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Colorado justices disagree father was entitled to new jury trial after faulty first proceeding
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The Colorado Supreme Court on Monday concluded a father was not automatically entitled to a child neglect jury trial after his first proceeding in El Paso County was overturned, and instead faulted the man for failing to reiterate his demand for a jury trial. For parents involved in child welfare cases, Colorado lawmakers have given them…
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Colorado Supreme Court rules government alone may pursue child neglect allegations
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The government, and only the government, may pursue child neglect cases, the Colorado Supreme Court ruled on Monday, rejecting the argument that children or parents may continue litigating allegations of neglect after the government moves to dismiss. In a 6-1 decision, the Supreme Court relied on the longstanding concept of “parens patriae,” which empowers the…
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Despite 2020 change, Colorado justices rule positive drug test alone can lead to child neglect finding
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A divided Colorado Supreme Court ruled on Tuesday that a newborn’s positive drug test by itself can lead to a finding of child neglect, even though legislators amended the law five years ago to eliminate that trigger. The legal debate centered on the wording lawmakers chose to replace the previous understanding that a child is neglected when…
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Chief justice, top appeals judges address Colorado legal community | APPELLATE UPDATE
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Members of Colorado’s state and federal appellate courts addressed the legal community on Friday with the latest details about caseloads, internal changes and upcoming initiatives. Chief Justice Monica M. Márquez, who has occupied the state’s top judicial role for almost one year, described an “interesting trend” of the Colorado Supreme Court receiving slightly fewer petitions to…
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Denver parents denied ‘fundamentally fair’ child neglect proceeding, appeals court finds
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Colorado’s second-highest court agreed last month that two Denver parents were denied a “fundamentally fair proceeding” in their child neglect case when the city imposed new conditions and a judge approved them without hearing from the parents first. In July 2022, Denver Human Services initiated a child neglect case against a mother and father. A…
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Colorado Supreme Court approves new rules for child welfare cases, with tweaks to jury trial right
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The Colorado Supreme Court adopted on Monday a package of revisions to the rules governing child welfare cases, while modifying one section that governs when a parent surrenders their right to have a jury decide if their child is neglected. Earlier this month, the justices held a hearing to evaluate the long-running group effort to…
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Colorado justices hear about broad support for juvenile rules package, with one legal hitch
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Members of the Colorado Supreme Court heard on Wednesday that a long-running group effort to revise the rules of juvenile procedure has culminated in an acceptable package of changes — including a proposed answer to one disputed legal question pending before the justices. During a public comment hearing and in written remarks submitted beforehand, members of the court…
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Colorado justices consider when parents forfeit right to jury trial in child neglect cases
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For parents involved in child neglect cases, Colorado lawmakers have given them the right to ask for a jury trial on the question of whether their children are neglected — a right they give up if they fail to appear at trial. On Tuesday, members of the Colorado Supreme Court heard arguments in three cases in…
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Colorado Supreme Court considers restoring multimillion-dollar award to RTD subcontractor
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The Colorado Supreme Court announced on Monday that it will consider whether the Court of Appeals incorrectly threw out a $5.7 million award to a company that helped build a commuter rail line and, in doing so, endangered the ability of contractors to seek money they are owed going forward. At least three of the court’s seven…