Summaries of Published Opinions
| Publication year | 2023 |
| Pages | 89 |
January, 2023
Colorado Supreme Court
November 7, 2022
2022 CO 51. No. 22SC86. R.W. v. People.
Dependency, Permanency, and Termination Factors—Children in Need of Aid—"Home State" of Child—Removal to Another State.
E.W., a minor, lived in Colorado with her parents when she was adjudicated dependent and neglected pursuant to the Children's Code, CRS § 19-3-102. At the time, Colorado was E.W.'s home state and the juvenile court had initial jurisdiction over the matter under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), CRS § 14-13-201. E.W. was then placed in an out-of-state placement through the Interstate Compact on the Placement of Children (ICPC), CRS § 24-60-1801. Shortly thereafter, both parents separately left Colorado. No other court asserted jurisdiction over E.W. The juvenile court ultimately terminated the parent-child legal relationship as to both parents.
Here, the Supreme Court considered whether a Colorado court loses jurisdiction over a child-custody case simply by virtue of all parties leaving the state. Reading the UCCJEA, ICPC, and Children's Code together, the Court concluded that it does not and affirmed the division's decision that the juvenile court had jurisdiction to enter the termination order.
2022 CO 52. No. 21SC548. Colorado Judicial Department v. Colorado Judicial Department Personnel Board of Review.
Colorado Judicial System Personnel Rules—CRCP 106(a)(4) Review—Judicial Department Employee Discipline.
The Supreme Court held that the Colorado Judicial System Personnel Rules (Personnel Rules) preclude district court review of a final order by the Judicial Department Personnel Board of Review (Board). In light of this holding, the Court did not address whether the Board is a "governmental body" or a "lower judicial body" within the meaning of CRCP 106(a)(4), which allows district court review of some decisions by governmental bodies and lower judicial bodies. Because the Personnel Rules preclude CRCP 106(a)(4) review, that's the end of the analysis. Any potential conflict between the Personnel Rules and CRCP 106(a)(4) must be resolved in favor of the Personnel Rules because the Court promulgated both and the Personnel Rules are more specific than CRCP 106(a)(4). Accordingly, the court of appeals' judgment was affirmed.
November 14, 2022
2022 CO 53. No...
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