child welfare
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Appeals court finds opening in Colorado Supreme Court’s framework for child neglect cases
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Colorado’s second-highest court squeezed through an opening last week in a controversial state Supreme Court decision from 2025, concluding that the justices had not prohibited a child’s legal representative from being the one to request termination of parental rights in child welfare cases. Whether the government alone is empowered to pursue child neglect cases became…
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Colorado legislature overrules 2 state Supreme Court decisions about child neglect, visitation
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Colorado lawmakers have overruled a recent pair of state Supreme Court decisions, adopting the dissenting justices’ points of view in cases involving grandparent visitation rights and the ability of children to oppose a county’s decision to withdraw a neglect case. The recently enacted legislation addressed two split decisions that the Supreme Court released within days…
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
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The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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In rare move, evenly divided Colorado Supreme Court issues no opinion on child welfare case
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The Colorado Supreme Court, in an extraordinary move, could not reach agreement on Monday about whether a child’s legal representative has the authority to file a motion to terminate parental rights in a child welfare proceeding. The 3-3 vote was a product of Justice Melissa Hart’s announced departure from the court in mid-December. She cited…
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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 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…