People ex rel. N.G.
2012 COA 131
| Colo. Ct. App. | 2012Background
- DHS removed N.G. in 2010 due to mother's drug use; child placed with maternal uncle C.G.
- Father J.P.W. learned of removal, sought placement and custody; paternity confirmed.
- Mother and DHS deferred adjudication for mother and father with a six-month deferral; father admitted paragraph 4(d).
- Magistrate allocated parental responsibilities to uncle without revoking father’s deferred adjudication or adjudicating father.
- District court later denied review and treated N.D.V. precedent as controlling, then remanded; issues centered on Troxel presumption and parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether adjudication are required before permanent custody allocations | Father argues adjudication as to him was required | DHS/County argues adjudication as to father unnecessary because mother was adjudicated | Adjudication as to both parents required; allocation to uncle vacated |
| Troxel presumption applicability during deferred adjudication | Father retains Troxel presumption as fit parent | State may intervene despite presumption when neglect shown | Troxel presumption ordinarily survives during deferral; requires careful consideration on remand |
| Effect of no-fault admission without adjudication | Admission supports removal despite no adjudication | Admission alone justifies disposition under N.D.V. | No automatic disposition; need adjudication and consideration of new evidence on remand |
| Waiver of adjudicatory rights by father | Admission under deferral waives right to adjudication | Waiver not proven; advisement and voluntary waiver required | No waiver; rights reserved; adjudicatory hearing needed on remand |
Key Cases Cited
- L.L. v. People, 10 P.3d 1271 (Colo. 2000) (adjudication status and parental rights standard in dependency cases)
- K.D. v. People, 139 P.3d 695 (Colo. 2006) (adjudication status and ongoing inquiry in deferred adjudications)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (fundamental right of fit parent; Troxel presumption in custody matters)
- People in Interest of S.B., 742 P.2d 939 (Colo. App. 1987) (right to jury determination at adjudicatory stage; status inquiry)