Tag: child welfare
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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In rare move, evenly divided Colorado Supreme Court issues no opinion on child welfare case
The Colorado Supreme Court, in an extraordinary move, could not reach agreement on Monday about whether a child’s legal representative has the authority to file a motion to terminate parental rights in a child welfare proceeding. The 3-3 vote was a product of Justice Melissa Hart’s announced departure from the court in mid-December. She cited…
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Appeals judge believes children’s representatives may challenge certain parental rights decisions
A member of Colorado’s second-highest court argued on Wednesday that, despite a recent state Supreme Court ruling prohibiting anyone other than the government from pursuing child-welfare cases, a child’s legal representative may still appeal certain decisions. By 2-1, a three-judge Court of Appeals panel decided it could not review a trial judge’s decision out of…
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Appeals court clarifies evidence safeguards apply to child welfare caseworkers
Colorado’s second-highest court clarified on Thursday that caseworkers testifying as experts in child neglect cases are subject to the same safeguards for reliability that other “specialized knowledge” testimony must satisfy. Under the rules of evidence, judges can deem a witness an expert by virtue of their knowledge, skills, experience, training or education. After being qualified,…
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Following 10th Circuit reversal, federal judge agrees man may sue Douglas County child caseworker
After the Denver-based federal appeals court found she improperly dismissed the lawsuit, a federal judge last week agreed that a father’s claims may proceed against a Douglas County child welfare worker who allegedly violated his constitutional rights while investigating suspected child abuse. Originally, U.S. District Court Judge Charlotte N. Sweeney dismissed the due process and…
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Colorado justices say child welfare workers not required to give Miranda warning before interrogating parents
The Colorado Supreme Court ruled on Monday that child welfare workers are not required to give a Miranda warning to parents before interrogating them in custody, even if the interview or the notes will later be shared with prosecutors and used against the parent at trial. Miranda warnings, named after the landmark U.S. Supreme Court…
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Colorado task force recommends sweeping changes to child abuse reporting laws
Colorado’s mandatory reporting laws for child abuse and neglect disproportionately impact communities of color and the disabled, and state law should specify that mandatory reporters should not make a report to child-protective services based on a parent’s indigence or socioeconomic status or a child’s disability, according to a legislative task force. The 34-member task force,…
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El Paso County child abuse case: Children placed in home with a man with violent past
After child sexual abuse allegations against a father surfaced, El Paso County child protective services officials placed two children back with their estranged mother, who was living with a boyfriend with a violent past. Another child eventually ended up with an aunt, who was living with a registered sex offender. In their mother’s home, one…
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10th Circuit reinstates constitutional rights lawsuit against Douglas County child welfare workers
The federal appeals court based in Denver reinstated a father’s lawsuit on Thursday against two Douglas County child welfare workers, who allegedly violated his constitutional rights in their investigation of suspected child abuse. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit noted a trial judge had previously dismissed the lawsuit…
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Colorado Supreme Court wary of requiring child welfare workers to give Miranda warnings prior to interrogations
Members of the Colorado Supreme Court seemed hesitant on Wednesday to endorse the idea that child welfare workers must provide a Miranda warning before interrogating a parent in custody, even if the conversation will later be used in a criminal prosecution. The state’s Court of Appeals previously upheld the murder convictions of two men, both…