d&n
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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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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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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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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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Appeals court reverses termination of father’s parental rights after finding treatment plan impossible to comply with
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Colorado’s second-highest court last week overturned a Jefferson County judge’s decision that terminated a man’s legal relationship with his children, concluding it was impossible for him to fulfill the terms of his treatment plan. Jeffco initiated child neglect proceedings in September 2022 against a mother, a father identified as J.T.Q., and their four children. The…
