Peo in Interest of ME
23CA1972
Colo. Ct. App.Sep 5, 2024Background
- The case arises from a dependency and neglect proceeding after D.E. (Mother) called emergency services for her child, M.E., who was hospitalized for low blood sugar; authorities found no food in the home.
- After initial investigation, the child was voluntarily placed with a former foster parent, and the Department of Human Services filed a dependency and neglect petition.
- Mother initially participated in visitation and therapy but ceased engagement in March 2023, correlating with an increase in the child's behavioral struggles.
- The juvenile court, over Mother’s objection, allocated parental responsibilities (APR) to kin providers, with conditions related to Mother's completion of treatment plan requirements for any future modification.
- The order was to be certified into a Douglas County domestic relations case, at which point the juvenile court's jurisdiction would terminate.
- On appeal, Mother (and the Department) argued the juvenile court improperly limited her ability to seek modifications by conditioning it on treatment plan compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court improperly conditioned modification of APR on Mother’s treatment plan compliance | Conditioning modification violates statutory scheme and limits parental rights | Order does not limit modification, but provides a roadmap for Mother’s success | The order does not prevent Mother from seeking modification; affirmed |
| Whether the APR order limits the domestic relations court's authority | District court must retain independent authority under UDMA | District court’s authority not prospectively limited by juvenile court's order | District court remains free to modify APR per statutory best interest standard |
Key Cases Cited
- People in Interest of J.G., 2021 COA 47 (affirming review standard for factual findings in dependency/neglect cases)
- Martin v. Union Pac. R.R. Co., 186 P.3d 61 (appellate court not bound by parties’ legal concessions)
- People in Interest of N.G.G., 2020 COA 6 (UDMA applies to APR orders certified from juvenile to district court)
- People v. Dyer, 2019 COA 161 (appellate court may affirm on any ground supported by the record)
- People v. Sa’ra, 117 P.3d 51 (court may take judicial notice of related court records)