259 P.3d 1272
Colo. Ct. App.2010Background
- Dependency and neglect case regarding E.C. with S.C. as father and I.M. as mother; aunt J.H. added as special respondent; D&N court placed child with aunt and transferred allocation back to district court; ICWA investigation pending due to possible Indian tribe affiliation; Department sought permanency with aunt amid limited father compliance; court held permanency order final and remanded ICWA issue for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the D&N court order is final and appealable | Father argues D&N order not final. | Department contends permanency order is final. | Order is final and appealable. |
| Whether the D&N court's finding of reasonable efforts to reunite was supported | Father asserts unreasonable efforts by Department. | Department made reasonable efforts. | Father waived this issue by not raising it below. |
| Whether father's agreement to placement with aunt was properly found | Finding of agreement was erroneous. | Father did not sign due to absence; placement was appropriate. | Harmless error; placement valid based on hearing record. |
| Whether proper ICWA notice and inquiry were conducted | ICWA notice to tribes not shown. | Investigation begun; no determinate record of notice. | Remand to determine ICWA notice compliance. |
| Whether the court properly made 19-3-702(3.5) findings and treated permanency plan | Court failed to make explicit 19-3-702(3.5) findings | Record supports reasonable efforts and safeguards. | No reversible error; explicit findings not required. |
Key Cases Cited
- People in Interest of H.R., 883 P.2d 619 (Colo.App.1994) (finality of permanency plan when not terminating rights)
- People in Interest of A.J.H., 134 P.3d 528 (Colo.App.2006) (reasonableness of department efforts; reunification)
- People in Interest of D.P., 160 P.3d 351 (Colo.App.2007) (parents' duty to raise issues below)
- People in Interest of T.M.W., 208 P.3d 272 (Colo.App.2009) (ICWA notice considerations and continuities)
- People in Interest of J.O., 170 P.3d 840 (Colo.App.2007) (ICWA investigation duties; tribe notification)
- People in Interest of J.A.S., 160 P.3d 257 (Colo.App.2007) (ICWA notice and tribal membership determinations)
- People in Interest of N.D.C., 210 P.3d 494 (Colo.App.2009) (outcome when tribe intervention sought)
- People in Interest of C.A.K., 652 P.2d 603 (Colo.1982) (fitness and placement for relative)
- People in Interest of A.G.-G., 899 P.2d 319 (Colo.App.1995) (burden of showing Indian child status)