office of respondent parents’ counsel
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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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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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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 Supreme Court says no tribal contact required for potential ‘Indian child’ cases
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While recognizing that tribal nations alone are responsible for deciding who qualifies as a member, the Colorado Supreme Court ruled on Monday that counties are not required to contact tribes to verify whether certain children in custody proceedings are actually American Indian. Under the Indian Child Welfare Act of 1978, child welfare cases trigger protections…
