January 16, 2018

Colorado Supreme Court: Juvenile Court Did Not Err in Failing to Make Written Finding of Dependency & Neglect

The Colorado Supreme Court issued its opinion in People in Interest of J.W. on Monday, December 11, 2017.

Children’s Code—Dependency or Neglect Proceedings—Jurisdiction.

The supreme court reviewed whether a juvenile court validly terminated a mother’s parent-child legal relationship without first entering a formal written order adjudicating her children as dependent or neglected. The juvenile court accepted mother’s admission that her children were neglected or dependent, but did not enter a formal order adjudicating the children’s status as to mother before it terminated mother’s parental rights approximately a year later. The court of appeals held that the juvenile court lacked jurisdiction to terminate mother’s parental rights because it had not entered an order adjudicating the children’s status as dependent or neglected.

The supreme court held that the juvenile court’s acceptance of mother’s admission established the children’s status as dependent or neglected, thus fulfilling the purpose of the adjudicative process and permitting state intervention into the familial relationship. The juvenile court’s failure to enter an adjudicative order confirming the children’s status did not divest the juvenile court of jurisdiction to terminate mother’s parental rights in this case, nor did it impair the fundamental fairness of the proceedings or deprive the mother of due process under the circumstances of this case. Accordingly, the court reversed the court of appeals’ judgment and remanded the case to the court of appeals to consider mother’s other contentions on appeal.

Summary provided courtesy of Colorado Lawyer.

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