orpc
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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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Adams County judge wrongly canceled child neglect jury trial after mom failed to appear, appeals court finds
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Colorado’s second-highest court ruled last week that an Adams County judge who wound up deciding a child neglect case had no authority to cancel the planned jury trial solely because the mother failed to appear at a pretrial conference. A three-judge panel for the Court of Appeals also warned that to the extent judges across…
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Supreme Court modifies ruling in child neglect case, insists mother’s rights were honored
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The Colorado Supreme Court on Monday took the unusual step of modifying its recent ruling in a child neglect case, explicitly rejecting a mother’s claim that her procedural rights were violated in the welfare proceedings. In January, the court decided that when the government proves a child suffers a single serious bodily injury, even if…
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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…
