Opinion

People in Interest of PDS

  • 669 P.2d 627
  • 1983 Colo. App. LEXIS 911
Court
Colorado Court of Appeals
Filed
Jul 14, 1983
Status
Published
Author
Kelly
On the bench
Kelly, Pierce, Van Cise
Cited by
25 cases
Authority
More cited than 90.8%

holding that an adjudication of dependency or neglect is not made “as to” the parent, but relates only to the status of the child

How later courts described this case

  • holding that an adjudication of dependency or neglect is not made “as to” the parent, but relates only to the status of the child
  • a child is not adjudicated dependent and neglected "as to" each parent; rather, "an adjudication of dependency or neglect is a determination of the status of the child and no more"
  • adjudications of dependency and neglect are not made “as to” the status of the parents, but only relate to the child
  • adjudications determine whether the child is dependent and neglected

Written by the judges who cited it.

The opinion

KELLY, Judge.

Respondent is the mother of P.D.S., an infant, who was found by the district court to be neglected or dependent under the Colorado Children’s Code, § 19-1-101 et seq., C.R.S.1973 (1978 Repl.Vol. 8), and whose physical custody was placed with the mother under a treatment plan. The sole issue on review is whether the district court must adjudicate the child neglected and dependent “as to” one parent only, where it has been stipulated that the child is neglected and dependent but that the other parent is blameless for the child’s condition, and where, in return for this stipulation, the request to terminate parental rights was dismissed. We affirm.

Adjudications of neglect or dependency are not made “as to” the parents, but rather, relate only to the status of the

*628

child.

See People in Interest of K.S.,

33 Colo.App. 72 , 515 P.2d 130 (1973). The provisions of § 19-1-103(20), C.R.S.1973 (1978 Repl.Vol. 8) define a neglected or dependent child, and the provisions of § 19-3-106(6)(a), C.R.S.1973 (1982 Cum.Supp.) and § 19-3-111(1), C.R.S.1973 (1978 Repl.Vol. 8) make it plain that an adjudication of dependency or neglect is a determination of the status of the child and no more.

The other arguments in support of reversal are without merit.

Judgment affirmed.

PIERCE and VAN CISE, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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