December 12, 2018

Archives for November 27, 2018

Colorado Gives: Disability Law Colorado Empowers Individuals and Recognizes the Inherent Value of All People

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 4, 2018. These charities, and many, many others, greatly appreciate your donations of time and money.

Disability Law Colorado (formerly known as The Legal Center for People with Disabilities and Older People) was created in 1976 out of the dream of a small group of parents who came together to secure equal rights for their children with developmental disabilities who were living in state institutions. These parents wanted a better life for their children and believed that all people with disabilities deserved the right to live full and rewarding lives. Disability Law Colorado’s early successes included requiring school districts to pay for children’s education in public schools, allowing children with severe disabilities to attend school for the first time. Disability Law Colorado also succeeded in preventing sterilization of people with developmental disabilities and preventing workplace discrimination against people with disabilities.

In 1977, the governor designated Disability Law Colorado to be Colorado’s Protection and Advocacy (P&A) System for people with developmental disabilities. Today, Disability Law Colorado is recognized as a leader in the National Disability Rights Network made up of Protection and Advocacy programs from all the states and territories.

For Colorado Gives Day, Disability Law Colorado has a $15,000 fundraising goal. By donating through Colorado Gives, your gift will go further thanks to a $1 million dollar incentive fund. Click here to donate.

Colorado Court of Appeals: District Court Had Jurisdiction Under UCCJEA to Enforce Parenting Time Orders Issued by Georgia Court

The Colorado Court of Appeals issued its opinion in In re Parental Responsibilities of W.F.-L. on Thursday, November 15, 2018.

Parenting TimeUniform Child Custody Jurisdiction and Enforcement ActMootness—C.R.S. § 14-13-205.

Father and mother have a child together but were never married. A Georgia court entered a final order in 2011 and a modified parenting plan in 2012 concerning the child. In 2014, mother and the child relocated to Colorado. In 2016, father petitioned to register the 2012 parenting plan in Colorado under C.R.S. § 14-13-305. Mother responded that both the parenting plan and the 2011 final order needed to be registered in Colorado and co-petitioned to register both orders.

Father then filed a verified motion under C.R.S. § 14-10-129.5 alleging that mother was not permitting him to exercise his parenting time or to contact the child. Mother opposed and moved to modify parenting time. At the final orders hearing, the district court entered an order registering the Georgia orders in Colorado and adopting the parties’ stipulations for future parenting time. It found that it lacked jurisdiction to grant father the enforcement remedies he sought and denied his C.R.S. § 14-10-129.5 motion.

The court of appeals first rejected mother’s argument that father’s appeal of the denial of his enforcement motion was moot because the district court adopted the parties’ stipulations to modify the Georgia parenting time order. Father’s requests were not mooted by the modification order, as they remain undecided and could have been ordered in addition to modification.

Father argued that the district court erred in finding that it lacked subject matter jurisdiction and therefore denying his C.R.S. § 14-10-129.5 motion. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs a Colorado court’s enforcement of parental responsibilities orders entered in other states. Under C.R.S. § 14-13-305(1), a parental responsibilities determination issued by a court of another state may be registered in Colorado and a Colorado court may then “grant any relief normally available under” Colorado law to enforce the registered parental responsibilities determination. On registering the Georgia orders, father was entitled to seek the same remedies as if those orders had been entered in Colorado, including C.R.S. § 14-10-129.5’s backward-looking remedies, and the district court was empowered to grant any enforcement relief normally available under Colorado law as to those orders. Accordingly, the district court erred in denying father’s motion.

The order was reversed and the case was remanded for the district court to address father’s C.R.S. § 14-10-129.5 motion.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Lack of Compliance with ICWA’s Foster Care Placement Provisions Does Not Deprive Juvenile Court of Jurisdiction

The Colorado Court of Appeals issued its opinion in People in Interest of M.V. on Thursday, November 15, 2018.

Indian Child Welfare ActFoster Care PlacementDependency and NeglectAdmissibility of Video RecordingsSubject Matter Jurisdiction.

The El Paso County Department of Human Services (the Department) initiated a dependency and neglect case regarding mother’s children. The case was based on methamphetamine use, manufacture, and distribution, and domestic violence. Following a jury trial, the juvenile court adjudicated the children dependent and neglected. After another hearing, the court entered a dispositional order that adopted a treatment plan for mother.

On appeal, mother argued that the record did not demonstrate compliance with the Indian Child Welfare Act (ICWA) and therefore the juvenile court lacked subject matter jurisdiction to adjudicate the children and enter a dispositional order. The court of appeals first concluded that the juvenile court’s asserted lack of compliance with ICWA’s notice provisions do not divest it of subject matter jurisdiction to enter the adjudicatory and dispositional orders. The ICWA allows Indian children, parents, and tribes to challenge a termination judgment, but this does not take away the jurisdiction of the state court. Here, the asserted lack of compliance with ICWA’s notice provisions did not divest the juvenile court of subject matter jurisdiction to enter the adjudicatory and dispositional orders.

The court also determined that the ICWA’s foster care placement provisions apply to a dispositional order, but not to an order adjudicating a child dependent and neglected. In this case, based on mother’s ICWA assessment form, there was reason for the court to know that the children were Indian children. The record contains no indication that the Department gave the required notices or that the juvenile court made the necessary findings. The record fails to demonstrate compliance with the ICWA.

Mother also argued that the juvenile court committed reversible error by admitting video recordings of her and the children that had been anonymously provided to the Department and were not properly authenticated. Here, the Department did not establish either the accuracy of the scenes depicted in the videos or the accuracy of the recording process. Thus, the juvenile court erred in admitting the video recordings. Further, the court could not conclude that the admission of the videos did not substantially influence the jury’s verdict. Therefore, the error was not harmless.

The adjudicatory and dispositional orders were reversed and the case was remanded for a new adjudicatory trial.

Summary provided courtesy of Colorado Lawyer.