A.M. v. A.C.
296 P.3d 1026
Colo.2013Background
- Department sought termination of parental rights for A.C. (mother) and N.M. (father) regarding infant A.M. after multiple injuries was alleged to render environment injurious to welfare.
- Foster parents L.H. and R.H. intervened under section 19-8-507(5)(a) after caring for A.M. for more than three months.
- Trial court allowed full party intervention at the termination hearing; guardian ad litem supported termination.
- Court of Appeals reversed as to mother, holding foster intervenors had only limited participation and that due process was violated, while affirming as to the father.
- Colorado Supreme Court held foster parents who meet statutory criteria may participate fully in the termination hearing, due process is not violated, reversed as to mother, affirmed as to father, and remanded for related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of foster parent intervention under 19-3-507(5)(a) | A.C. argues intervention rights are limited | State/Department argues full participation allowed | Foster parents may participate fully without limitation |
| Due process impact of full foster parent participation | Parents contend full participation undermines fairness | Participation does not undermine due process given protections | Due process rights not impacted by full participation |
| Effect of A.W.R. on foster parent rights | A.W.R. restricts foster intervenor participation | A.W.R. does not limit when child remains in foster care | A.W.R. not controlling; foster intervenors may participate fully |
Key Cases Cited
- People in Interest of A.M.D., 648 P.2d 625 (Colo. 1982) (due process balancing at termination hearings; clear and convincing standard for termination, preponderance for adjudication)
- Lassiter v. Dept. of Social Servs. of Durham Cnty, 452 U.S. 18 (U.S. 1981) (counsel and due process protections in juvenile proceedings)
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (Eldridge factors for due process in juvenile proceedings)
- A.W.R., 17 P.3d 192 (Colo. App. 2000) (foster intervenor participation limited when child not in care at hearing)
- People in Interest of M.N., 950 P.2d 674 (Colo. App. 1997) (guardian ad litem authority to file termination motions)