A.M. by and through his Guardian ad Litem, and L.H. and R.H. v. A.C., and the People in the Interests of A.M. v. N.M., 2012CO16M (February 25, 2013; Modified March 18)

As family structures change, so do the way in which we determine what may be in the best interests of a child. In dependency and neglect (D&N) proceedings, which can lead to the termination of parental rights, courts consider many factors and take evidence from many sources. With this opinion, the Court holds that foster parents of a child in the middle of a D&N proceeding can fully participate in such hearings, so long as they meet the requirements for intervention in CRS 19-3-507. A parent’s due process rights at a hearing are preserved by ensuring notice and using higher evidentiary standards. Full foster parent participation still provides the parental protections in Mathews v. Eldridge. Here, foster parents properly gave opening and closing statements, cross-examined witnesses, raised objections, and fully participated in the termination hearing without limitation.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2011/11SC53.pdf [Opinion modified, and as modified, Petition for Rehearing DENIED (March 18, 2013).]

http://www.cobar.org/opinions/opinion.cfm?opinionid=8837&courtid=2

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