This is an original proceeding to obtain a writ of prohibition. Petitioners seek an order prohibiting the respondent district court from exceeding its jurisdiction by determining the merits of counterclaims asserted in a dependency and neglect proceeding. We issued a rule to show cause why the counterclaims should not be dismissed. We now make the rule absolute.
I.
The Pueblo County Department of Social Services instituted a dependency and neglect proceeding in the interest of A.T., а minor child, in the respondent district court. The parents of A.T. filed a response whiсh denied the allegations contained in the dependency and neglect petition and set forth a number of counterclaims. The petitioners moved to dismiss thе counterclaims on the ground that the respondent district court, acting in its capacity as a juvenile court, lacked subject matter jurisdiction over the cоunterclaims. The court denied the motion. The parents then filed an amended rеsponse which included counterclaims for outrageous conduct, false аrrest, malicious prosecution, malicious tort, conspiracy, libel, slander, and deprivations of various civil and constitutional rights. The petitioners again moved to dismiss or, alternatively, to strike the counterclaims. The respondent district court granted the motion to dismiss as to the tort claims because of the parents’ failure to comply with the notice provisions of the Colorado Governmental Immunity Act. However, the court refused to dismiss the claims based upon alleged deрrivations of civil and constitutional rights. This original proceeding followed.
II.
Petitionеrs assert that the respondent district court, acting in its capacity as a juvenile court, lacks jurisdiction to entertain counterclaims in a dependency аnd neglect proceeding. We agree.
The juvenile court has no jurisdiction except that provided by statute. City and County of Denver v. District Court,
Accordingly, the rule to show cause is made absolute and the case is remanded with directions to dismiss the counterclaims of the parents.
Notes
. On April 5, 1984, the General Assembly amеnded section 19-3-102, 8 C.R.S. (1978), to include an additional subsection. Children’s Code, ch. 139, sec. 3, § 19-3-102(4), 1984 Colо. Sess. Laws 559, 559-60 (codified as amended at section 19-3-102(4), 8 C.R.S. (1984 Supp.)). The new subsection prоvides:
No counterclaim, cross-claim, or other claim for damages may bе asserted by a respondent in an action alleging the dependency or nеglect of a child, but nothing in this subsection (4) shall be construed to prohibit a respondent from asserting a claim for damages in an action independent of an action alleging the dependency or neglect of a child.
