custody
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Colorado Supreme Court concerned about police overreach in interrogations
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Some members of the Colorado Supreme Court appeared hesitant on Tuesday to endorse the ability of police to interrogate a suspect after they have obtained a court order authorizing only the collection of physical evidence. Under Colorado’s criminal rules, law enforcement may obtain an order for “nontestimonial identification,” allowing them to pursue a person’s fingerprints, blood specimen,…
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Colorado Supreme Court to review child custody decision
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The Colorado Supreme Court announced on Monday that it will review whether the state’s second-highest court described the correct framework for deciding whether to terminate a parent’s legal rights over a child. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one vacancy that will…
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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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A jail death in Denver raises questions about intake policies — and how a man with a violent history kept getting released early
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On June 30, deputies from the Denver Sheriff Department responded to an overnight call for help in the agency’s Downtown Detention Center. They found a man — later identified as 34-year-old Vincent Chacon — unresponsive in his cell, where he was pronounced dead, the police said in a news release. Police investigators later said the…
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Appeals court says custody dispute must terminate if one parent dies
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Colorado’s second-highest court clarified last month that an unresolved custody dispute must terminate when one parent dies, with the surviving parent automatically receiving custody. A three-judge Court of Appeals panel determined it was a mistake to allow an Adams County custody case between a mother and father to continue after the mother’s death, with the…
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Denver judge made custody decision without notice to father, appeals court finds
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Colorado’s second-highest court overturned a Denver judge’s custody order on Thursday after finding the children’s father received no notice the judge actually intended to take testimony and make a decision at an advertised “status conference.” The grandmother of two children filed a custody petition in November 2023 after the death of her daughter — the children’s…
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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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When is a grandparent a grandparent? Colorado justices weigh visitation rights dispute
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Under Colorado law, a grandparent is a person “who is the parent of a child’s father or mother.” On Tuesday, members of the Colorado Supreme Court heard the argument that the word “is” is crucial to understanding what should happen when the mother and father are no longer alive. “Under the plain definition, you say…
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Appeals court says requirement that parents be ‘present’ during child interrogations does not mean ‘attentive’
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Colorado’s second-highest court ruled on Thursday that the requirement for parents to be present when police interrogate their child in custody means only that the parent must be “physically present,” not “mentally present” as well. Under the landmark U.S. Supreme Court case Miranda v. Arizona, law enforcement is required to inform a suspect of their rights…