July 18, 2019

Colorado Supreme Court: Non-Party to Juvenile Delinquency Case Needed Only to Show It Was Substantially Aggrieved to Appeal District Court’s Order

The Colorado Supreme Court issued its opinion in People in Interest of D.Z.B. on Monday, January 14, 2019.

Standing on Appeal.

The supreme court reviewed whether the court of appeals erred in concluding that the Arapahoe County Department of Human Services (the Department) lacked standing to challenge a district court’s temporary custody order placing D.Z.B., a juvenile, in one of its residential facilities pending his delinquency adjudication.

The court concluded that the court of appeals erroneously merged the analysis used to determine whether a plaintiff has standing to sue with the analysis used to determine whether a non-party has standing to appeal to assess whether the Department, a non-party to the district court proceedings, had standing to appeal. As a result, the division required the Department to demonstrate that it (1) suffered an injury in fact to a legally protected interest and (2) was substantially aggrieved by the district court’s order. Because the Department was a non-party to the lower court proceedings, the court of appeals should have assessed only whether the Department was substantially aggrieved by the district court’s order. Accordingly, the court reversed and remanded the case to the court of appeals to apply the correct standard and to consider any outstanding issues.

Summary provided courtesy ofColorado Lawyer.

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