2012 COA 161
Colo. Ct. App.2012Background
- Dependency and neglect case involving O.C. and the child's maternal grandfather and step-grandmother who appeal the denial of their intervention motions.
- Grandparents first sought intervention in Oct 2010 under C.R.C.P. 24(a)-(b); county opposed and trial court denied.
- In July 2011, county moved to place O.C. with grandfather, withdrew; grandfather sought special respondent/intervention; court denied.
- January 2012, county moved to terminate parental rights; grandparents again sought to intervene; court denied.
- Issue of finality: Feigin holds denial of intervention as a matter of right is final and appealable.
- Court reverses and remands to allow grandfather and grandmother to intervene under § 19-3-507(5)(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grandparents have a right to intervene as a matter of right under §19-3-507(5)(a). | Grandparents claim §19-3-507(5)(a) grants intervention to interested parties after adjudication. | County/GAL contend only certain categories meet the statute's requirements and the court may deny. | Yes; grandparents have the right to intervene as a matter of right. |
| Whether the denial of intervention is a final, appealable order. | Feigin supports treating denial as final to prevent prejudicing rights. | Argue not final because it does not terminate parental rights. | Yes, the denial is final and appealable. |
| Whether the three-month custody requirement applies to all intervenors or only foster parents. | Statutory ambiguity; grandparents should not be barred by custody duration. | Three-month custody requirement should apply to all, restricting grandparents. | Three-month rule applies only to foster parents; grandparents may intervene without prior custody. |
Key Cases Cited
- Feigin v. Alexa Group, Ltd., 19 P.3d 23 (Colo. 2001) (denial of intervention as a matter of right is final and appealable)
- People in Interest of M.D.C.M., 522 P.2d 1234 (Colo. App. 1974) (interested parties include relatives with custodial experience)
- People in Interest of C.P., 524 P.2d 816 (Colo. App. 1974) (grandmother entitled to intervene as an interested party at dispositional stage)