Tag: dependency and neglect
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Appeals court reverses termination of father’s parental rights after finding treatment plan impossible to comply with
Colorado’s second-highest court last week overturned a Jefferson County judge’s decision that terminated a man’s legal relationship with his children, concluding it was impossible for him to fulfill the terms of his treatment plan. Jeffco initiated child neglect proceedings in September 2022 against a mother, a father identified as J.T.Q., and their four children. The…
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Colorado Supreme Court overrides regulators, orders admission of attorney despite concerns
The Colorado Supreme Court last month ordered an attorney be admitted to practice law over the recommendation of a regulatory board that concluded his “gamesmanship” during the admissions process continued to raise concerns about his character. Matthew Tobin Arnold sought to join the Colorado bar following his 2022 law school graduation. However, during multiple stages…
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El Paso County judge wrongly revoked father’s jury trial in child neglect case, appeals court finds
Colorado’s second-highest court ruled on Thursday that an El Paso County judge wrongly revoked a father’s choice of a jury trial in his child neglect case because the man had failed to appear two years earlier for a separate proceeding. Under Colorado law, parents have the right of a jury trial to determine whether a…
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Divided appeals court takes no issue with lack of child welfare services to incarcerated father
Colorado’s second-highest court ruled on Thursday that even if a child welfare caseworker could have rehabilitated a father by facilitating visitation time and drug treatment while he was incarcerated, the lack of services was excusable because the man likely would not have taken advantage of them anyway. By 2-1, a three-judge panel of the Court…
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Divided appeals court rules child neglect determinations cannot hinge on uncertain effects of drug exposure
Colorado’s second-highest court ruled on Thursday that a recent change to the state’s child neglect laws requires more than just the possibility an infant exposed to drugs at birth will experience negative health effects in the future. Prior to 2020, a court could declare a child neglected if, among other things, they tested positive at…
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Appeals court clarifies significance of pinpointing drug exposure for child neglect cases
Colorado’s second-highest court on Thursday clarified it does matter whether a child experienced drug exposure in her parents’ custody, rejecting a Montrose County judge’s conclusion that the location was irrelevant to determining whether the infant was neglected. A child is neglected under Colorado law if, among other things, their “environment is injurious” to their welfare.…
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Colorado Supreme Court to analyze how wage law applies to Amazon holiday pay
The Colorado Supreme Court recently announced it will decide whether Amazon is complying with the state’s wage law by excluding shifts worked on holidays when calculating employees’ overtime pay. At least three of the court’s seven members must agree to hear an appeal. The case addressing overtime pay came to the Supreme Court through an…