The Colorado Supreme Court issued its opinion in M.S. v. People in Interest of A.C. on Monday, June 10, 2013.
Dependency and Neglect—Foster Parents—Due Process Rights of Foster Parents.
In this dependency and neglect case, the Supreme Court reviewed the court of appeals’ finding that removal of A.C. from his pre-adoptive foster parents’ home without prior notice to the foster parents did not violate their due process rights. The foster parents, though identified by the juvenile court as prospective adoptive parents, had not yet initiated the adoption process. Because of this, the Court concluded that their rights with regard to A.C. are indistinguishable from those of typical foster care parents. Therefore, they do not possess a constitutionally protected liberty interest. Because they do not possess a constitutionally protected liberty interest, the Court did not consider whether a due process violation occurred. The judgment was affirmed.
Summary and full case available here.