M.S. and S.S. v. The People In the Interest of A.C., and A.C., by and through his Guardian ad Litem.

“AC was born with cocaine in his system.” (Opinion). So begins a series of unfortunate events. AC’s third foster home parents are the petitioners (MS). They wanted to adopt AC. Initially the Denver DHS (DHS) called them “prospective adoptive parents,” until a report raised concerns about the mother. DHS removed AC without notice to anyone; a hearing was eventually held and the removal affirmed. MS appealed, arguing they had a constitutionally protected liberty interest in their relationship with AC based on their reasonable expectation that their relationship with A.C. would continue. The Court held they did not because neither CRS 19-3-507 (foster parents have a right to notice and participation), nor the 14th Amendment creates such an interest absent significant progress towards actual adoption. MS never started the adoption process and only had a foster parent’s rights.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2011/11SC733.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8978&courtid=2

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