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Michie's Legal Resources

Care is preferably in child's own home. A neglected and dependent child's care and guidance should be preferably in his own home, so as to preserve and strengthen family ties. In re People in Interest of M.M., 184 Colo. 298, 520 P.2d 128 (1974).

Absent a showing of a causal relationship between an environment and a serious threat to the emotional or physical stability of the child, public policy requires that the care and guidance of each child should remain with his parents and in his own home. People in Interest of D.L.R., 44 Colo. App. 327, 618 P.2d 687 (Colo. 1980), rev'd on other grounds, 638 P.2d 39 (Colo. 1981).

Removal only where child's welfare and safety and protection of public endangered. The court should not remove a neglected and dependent child from the custody of his parents except when his welfare and safety or the protection of the public would be endangered. In re People in Interest of M.M., 184 Colo. 298, 520 P.2d 128 (1974).

Upon determination that conditions will continue in future. To determine that the best interests and welfare of a dependent or neglected child would be served by a termination of parental rights, the trial court must find that the condition which resulted in the determination that the child is dependent and neglected will in all probability continue into the future. In re People in Interest of M.M., 184 Colo. 298, 520 P.2d 128 (1974).

Showing of prospective harm suffices. Former subsection (20) (now subsection (1)) can be satisfied upon a proper showing of prospective harm to the child. People in Interest of D.L.R., 638 P.2d 39 (Colo. 1981).

The rule of statutory construction of § 2-4-104 which states that words in the present tense include the future tense requires that former subsection (20) be interpreted to read "who lacks or will lack proper parental care." People in the Interest of D.L.R., 638 P.2d 39 (Colo. 1981).

Abuse of siblings may be considered in determining dependency and neglect. In determining the dependency and neglect of a child, evidence that his siblings have been abused may be considered by the trial court as probative of whether the nonabused child lacks proper parental care. People in Interest of B.W., 626 P.2d 742 (Colo. App. 1981).

While a parent's treatment of one child may be considered in determining whether another child is dependent or neglected, consideration of the individual needs, strengths, and weaknesses of each child and each parent is also probative. People ex rel. T.T., 128 P.3d 328 (Colo. App. 2005).

And court must evaluate disabled parent's capabilities and contributions. The court must evaluate a disabled parent's actual and potential physical capabilities, his adaptation to the disability, how other members of the family have adjusted to the disability, and the special contributions the person may make to the family. The paramount consideration in this type of proceeding is the best interests of the child. People in Interest of B.W., 626 P.2d 742 (Colo. App. 1981).

Court must find that under no reasonable circumstances can welfare of child be served by continuation of parent-child relationship. This test requires the court to explore and specifically eliminate alternative remedies. In re People in Interest of M.M., 184 Colo. 298, 520 P.2d 128 (1974).

But termination of parental rights is not mandatory. Although the evidence may be sufficient to support a finding of neglect and dependency and may require termination of parental rights in order to serve the best interests of the child, it does not follow that the court must terminate parental rights because the evidence is sufficient to support a finding of neglect and dependency. In re People in Interest of M.M., 184 Colo. 298, 520 P.2d 128 (1974).

Insufficient findings and conclusions. Findings and conclusions of the referee that the father failed without cause to provide reasonable support for his daughter and that the child's best interests dictated that his parental rights be terminated did not satisfy the prerequisites of subsection (20) and fell short of the required finding of a history of severe and continuous neglect, conclusion that there exists a substantial probability of future deprivation, and determination that under no reasonable circumstances could the child's welfare be served by a continuation of her relationship with her father. People in Interest of S.S.T., 38 Colo. App. 110, 553 P.2d 82 (1976).

Loss of physical custody pursuant to marriage dissolution may terminate custodial duties. A person who initiates a dependency or neglect action and obtains legal custody of a child need not continue to serve as legal custodian and provide support after losing physical custody of the child in a dissolution of marriage action. People in Interest of P.D., 41 Colo. App. 109, 580 P.2d 836 (1978).

However, a person who undertakes a permanent obligation pursuant to a parental responsibility order under § 14-10-123 owes a duty of support to the child in a dissolution of marriage proceeding, and trial court has authority to enter a child support order pursuant to § 14-10-115 (1) and (17). In re Rodrick, 176 P.3d 806 (Colo. App. 2007).

Child was not "dependent child". Snyder v. Schmoyer, 106 Colo. 290, 104 P.2d 612 (1940).

Applied in Bd. of Control v. Mulertz, 60 Colo. 468, 154 P. 742 (1916); Storey v. Shumaker, 131 Colo. 131, 279 P.2d 1057 (1955); Daugaard v. People in Interest of Daugaard, 176 Colo. 38, 488 P.2d 1101 (1971).

G. Emancipated Juvenile.

Trial court properly applied the definition of "emancipated juvenile" in finding that the juvenile was emancipated. The trial court appropriately found that the juvenile was emancipated where the juvenile had been on his own for three months and had not been receiving financial support from his mother. People v. Lucas, 992 P.2d 619 (Colo. App. 1999).

H. Grandparent.

Exclusion from "grandparent" definition refers to all orders of termination, including those entered in dependency and neglect proceedings. People in Interest of J.W.W., 936 P.2d 599 (Colo. App. 1997).

I. Guardian Ad Litem.

Guardian ad litem may make recommendations to trial court by presenting opinions based upon an independent investigation or by advocating a specific result based upon the evidence. People in Interest of J.E.B., 854 P.2d 1372 (Colo. App. 1993); People in the Matter of A.L.B., 994 P.2d 476 (Colo. App. 1999).

J. Independent Living.

Placement with a natural parent does not qualify as "independent living" within the meaning of subsection (65). People ex rel. P.C., 80 P.3d 942 (Colo. App. 2003).

K. Placement Out of the Home.

A natural parent does not constitute a "facility or center operated or licensed by the department of human services" for purposes of subsection (85). People ex rel. P.C., 80 P.3d 942 (Colo. App. 2003).

 
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