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A Major Change Affecting Foster Parents and Intervenors by The Supreme Court of Colorado

Attorneys at Law Timlin & Rye May 30, 2013

The Supreme Court of Colorado recently published an opinion affecting Foster Parents and Intervenors.

This published opinion, 11SC53, A.M. v. A.C., determined that foster parents/intervenors have the right to fully participate in a termination hearing without limitation.  In addition, the Court held that parents’ due process rights are not impacted by the full participation of foster parents in the termination hearing.

In the world of juvenile law, specifically the dependency and neglect area, the law has been dictated by the statutes and the Court’s interpretation and there was very little case law to guide Foster Parents/Intervenors on the everyday issues that come up in court and continue to do so every day.

Most recently, a number of cases have come down from both the Court of Appeals and Supreme Court of Colorado that has significantly impacted how individuals proceed in dependency and neglect cases and how the rights of Foster Parents and Intervenors will continue to be protected.

Before this hearing, the Courts took the position that foster parents/intervenors had a limited ability to be involved in the proceedings and could not participate in a termination hearing.

Previous to this Opinion, foster parents/intervenors felt they were not being heard in Court, and the County, people or guardian ad litem didn’t always look after the best interest of the child.

This opinion will help the foster parent/intervenor to direct pertinent information to the Court without relying on another party who has a different assessment and is not in close contact with the situation.

We are excited about this Supreme Court of Colorado Opinion because our firm now has a greater ability to protect the interests of Foster Parents, Intervenor, and children along with assisting the flow of information to the court.

We have handled numerous cases involving dependency and neglect and the rights of Foster Parents and Intervenors, so if you have questions or need help please contact us.

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