child neglect
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Appeals judge believes children’s representatives may challenge certain parental rights decisions
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A member of Colorado’s second-highest court argued on Wednesday that, despite a recent state Supreme Court ruling prohibiting anyone other than the government from pursuing child-welfare cases, a child’s legal representative may still appeal certain decisions. By 2-1, a three-judge Court of Appeals panel decided it could not review a trial judge’s decision out of…
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Colorado Supreme Court suspends rules for ‘Indian child’ welfare cases
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The Colorado Supreme Court suspended its rules last week that govern how judges handle custody cases when an “Indian child” is involved. The court’s move came after the legislature enacted extensive changes this year, partially in response to Supreme Court decisions that afforded a lower degree of protection to children and families with tribal, or…
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Appeals judge raises questions about review of custody decisions
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A member of Colorado’s second-highest court suggested last week that appellate judges should have more leeway to decide whether trial judges correctly terminate or decline to terminate parents’ legal rights over their children. At the same time, the three-judge Court of Appeals panel agreed that no specific person has to be identified in order for…
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Colorado human services agency faces buzzsaw at state Supreme Court as justices critique non-disclosure argument
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Several members of the Colorado Supreme Court pushed back on Monday against the state’s position that it could not disclose the number of child abuse reports at individual group living facilities because doing so would improperly reveal a person’s address — even though such addresses are already in the public domain. The Colorado Department of…
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Appeals court clarifies evidence safeguards apply to child welfare caseworkers
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Colorado’s second-highest court clarified on Thursday that caseworkers testifying as experts in child neglect cases are subject to the same safeguards for reliability that other “specialized knowledge” testimony must satisfy. Under the rules of evidence, judges can deem a witness an expert by virtue of their knowledge, skills, experience, training or education. After being qualified,…
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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…
