Interested Parties in Juvenile Dependency and Neglect Cases

• Publication year: 2004
• Pages: 109

33 Colo.Law. 11 Colorado Lawyer 2004.

2004, August, Pg. 109. Interested Parties in Juvenile Dependency And Neglect Cases

Vol. 33, No. 8, Pg. 11

The Colorado Lawyer
August 2004
Vol. 33, No. 8 [Page 109]

Specialty Law Columns
Juvenile Law
Interested Parties in Juvenile Dependency And Neglect Cases
by Theresa L. Sidebotham

This column is sponsored by the CBA Juvenile Law Section to apprise practitioners of substantive and procedural information concerning the field of juvenile law

Column Editors

Bradley M. Bittan, a sole practitioner in Denver - (303) 283-1791, BBittan@aol.com; David Furman, Magistrate; and Ellen Toomey-Hale, an attorney in Platteville - (720) 280-6449, ToomeyHale@aol.com

Theresa L. Sidebotham
About The Author

This month's article was written by Theresa L. Sidebotham, Colorado Springs, a third-year law student at the University of Denver College of Law - (719) 572-5963, lynn@oprev.org. The author thanks Judge Theresa Cisneros for inspiring the article, and Brad Bittan and Rachel Baumel for their time and guidance in the editorial process.

This article addresses the questions of who should be joined as an interested party in juvenile dependency and neglect cases and whether interested parties are adequately defined by statutory and case law.

When a dependency and neglect case is on the juvenile court docket, things have already gone wrong with the child and his or her family. Tangled relationships and unhealthy situations are almost certain. Although the court is entrusted with protecting the best interests of the child, other parties have certain rights and obligations.

People connected with the child may be joined in the case, either voluntarily or involuntarily. Those involuntarily joined are "respondents" and "special respondents." Respondents are parties and include parents, guardians, and legal custodians who are alleged to have abused or neglected the child.1

Special respondents may be involved with the child in ways related to an allegation of child abuse or neglect.2 Although they often prefer not to be involved, they have been joined involuntarily by the court.

In contrast, interested parties request to be joined because of their interest in the case. Interested parties will be informed of all proceedings in the dependency and neglect case, and have access to its confidential records. Who should be joined as an interested party - and under what circumstances - are issues that may cause confusion, because settled law is not extensive. However, Colorado statutes and a modest body of case law offer some guidance.

This article distinguishes interested parties from respondents and special respondents. It reviews relevant Colorado statutes and case law to draw out principles for the joining of interested parties. The article discusses the two main routes to becoming an interested party, analyzing the evolution of laws and principles that guide the definition of the attendant rights and requirements. It also clarifies guidelines as to who should be joined as an interested party, and under what circumstances.

Distinguishing
Respondents and
Special Respondents

As mentioned, in Colorado, respondents and special respondents may be joined involuntarily in a juvenile court case. In addition to parents, guardians, and legal custodians,3 the following may be named as respondents if it is in the best interests of the child: (1) any other parent; (2) guardian; (3) custodian; (4) legal custodian; (5) stepparent; or (6) parental equivalent.4

A special respondent is joined because the court wishes to protect the best interests of the child. A special respondent is not an interested party and has limited standing to control the course of events. CRS § 19-1-103(100) defines a "special respondent" as an involuntary party for limited purposes. He or she is not a parent, guardian, or legal custodian of a child.5 A special respondent may reside with a child or have a significant relationship with the child. He or she may have participated in the abuse or neglect of the child.6 A special respondent may be joined for a protective order or may be included in a treatment plan to facilitate unification of the family or to protect the child's safety.7

The court joins special respondents as it deems necessary.8 Being joined involuntarily may be neither convenient nor complimentary; thus, the special respondent may contest either the joinder or any orders that affect him or her.9 Once a special respondent has been joined, he or she has a right to be represented by counsel; presumably, the court is obligated to provide counsel to a special respondent for the purpose of contesting the joinder. However, at other stages of the proceedings, a special respondent may be represented by counsel at his or her own expense.10

In a 2002 case, People ex rel. E.S.,11 a termination proceeding was instituted after a stepfather allegedly beat his stepdaughter shortly after marrying her mother. Although the petition initially named him as a respondent, the natural father was located and the stepfather's status then was amended to that of a special respondent.12

The stepfather wished to participate as a party because as a special respondent, he was not allowed to present evidence or cross-examine witnesses.13 However, the Colorado Court of Appeals found no fundamental liberty interest for a stepparent and that naming a stepparent as a respondent is discretionary under CRS § 19-3-502(5).14 His rights were limited to contesting a protective order or treatment plan provisions that affected him directly.15

Overview of Interested Parties in Juvenile Cases

In a dependency and neglect case, the child may be placed in the custody of a parent, guardian, relative, or social services. He or she may receive a variety of services.16 Parents and other involved adults likely will be required to follow a treatment plan. Whether the parent-child legal relationship will be terminated depends in part on what kind of progress is made on the treatment plan.17

Interested parties are not the focus in a dependency and neglect case as are children and respondents. Nonetheless, as the U.S. Supreme Court commented in an adoption case, Armstrong v. Manzo:18

An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise...