custody
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Appeals court decides 2-1 on standard for restricting parents’ custody
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A divided panel of the state’s Court of Appeals has clarified the circumstances under which judges can restrict a parent’s time with their children, in a case complicated by the contradictory orders of a Jefferson County magistrate. Under Colorado law, a divorced parent can ask a judge to restrict their ex-spouse’s custody if there are…
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Is naming a tribe enough? State Supreme Court weighs when federal Indian child law applies
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Congress enacted the Indian Child Welfare Act more than 40 years ago to combat the forcible removal of American Indian children from their homes for placement into non-tribal families and institutions. In doing so, the law recognized tribal nations have an interest in state courts’ custody proceedings involving their members. Now, the Colorado Supreme Court…
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State Supreme Court affirms heightened responsibility for counties to American Indian families
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The Colorado Supreme Court affirmed on Monday that counties have a heightened responsibility to help American Indian families remain together amid child welfare proceedings — a standard that Denver had met despite a mother’s repeated relapses from her treatment program. The justices interpreted a key provision of the Indian Child Welfare Act, a 1978 federal law…
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Appeals court split solidifies on Indian child law ahead of Supreme Court arguments
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Colorado’s second-highest court has reinforced its split interpretation of when judges in child welfare proceedings have reason to know a child falls under the legal definition of “Indian,” triggering longstanding federal protections for tribal nations. Last week, a three-judge panel for the Court of Appeals issued a decision on the reason-to-know standard under the Indian…
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Appeals court decision on Indian child case sets up split for Supreme Court
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There are now two competing interpretations from the state’s second-highest court for how judges have “reason to know” that a child in a custody proceeding fits the legal definition of an American Indian child, setting up the Colorado Supreme Court to have the final say on the matter. Last week, a three-judge panel for the…
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State Supreme Court drops case over parental deadlock in school choice
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The Colorado Supreme Court will not hear an appeal that questioned whether judges may decide where children are to attend school when their divorced parents cannot agree. The court’s dismissal of Hakiowskie Flores’ petition came after a Jefferson County judge reluctantly agreed with a recent decision out of the state’s Court of Appeals that found…
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State Supreme Court weighs counties’ obligations to American Indian children
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A mother of two children struggled with substance abuse and was the victim of domestic violence. When the children’s father assaulted her and moved out, she abandoned the children at daycare. The matter culminated in a Denver judge terminating both parents’ rights in 2020. However, the child welfare case has now landed at the Colorado…