In Re JNH

209 P.3d 1221, 2009 WL 1014321
CourtColorado Court of Appeals
DecidedApril 16, 2009
Docket08CA1235
StatusPublished

This text of 209 P.3d 1221 (In Re JNH) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re JNH, 209 P.3d 1221, 2009 WL 1014321 (Colo. Ct. App. 2009).

Opinion

209 P.3d 1221 (2009)

In the Matter of the Petition of J.N.H., Petitioner-Appellant, and
Concerning B.B.M., a Child.

No. 08CA1235.

Colorado Court of Appeals, Div. V.

April 16, 2009.

*1222 Holland & Hart, LLP, Marcy G. Glenn, Denver, Colorado; Holland & Hart, LLP, Susan L. Combs, Jackson, Wyoming, for Petitioner-Appellant.

Opinion by Judge GRAHAM.

J.N.H. (petitioner) appeals from the order requiring him to seek adoption records, in order to learn the name of his birth father, through a confidential intermediary under section 19-5-305(2)(a), C.R.S.2008. Because, contrary to the trial court's conclusion, we discern that the statute permits petitioner to access the adoption records, we reverse and remand for further proceedings.

I. Factual and Procedural Background

Petitioner's decree of adoption was finalized in September 1965. Through his certified adoption decree, he was able to locate and contact his birth mother.

In 2008, petitioner sought copies of his adoption records. A magistrate denied his request, finding he needed to proceed under section 19-5-305(2)(a)'s confidential intermediary provisions. He unsuccessfully sought district court review.

Petitioner appealed to this court. A motions division of this court issued an order to show cause with regard to the order's finality, but then deferred the issue of finality to the division.

II. Finality

Before addressing the merits, we first conclude the order is final for purposes of appeal.

Generally, a judgment in a case is deemed final when it ends the particular action in which it is entered, leaving nothing further for the court pronouncing it to do except to execute the judgment. Finality of judgment is typically a prerequisite for appeal. Civil Serv. Comm'n v. Carney, 97 P.3d 961, 967 (Colo.2004).

When determining whether an order is final for purposes of appeal, we consider the order's legal effect, not merely its form. If an order has effectively ended the trial court proceeding, it should be treated as a final appealable order. People v. Proffitt, 865 P.2d 929, 931 (Colo.App.1993).

The order here is final because it ended the trial court proceeding. Petitioner sought only his adoption records. By denying that request the trial court ended that proceeding. We agree with petitioner that requiring him to use a confidential intermediary before concluding his appeal effectively prejudges the appeal's merits. Consequently, we will review the order.

III. Section 19-5-305(2)(a)

Petitioner contends that the trial court erred by requiring him to use a confidential intermediary because section 19-5-305(2)(a) entitles adoptees to access their adoption records and the names of their birth parents without limitation if their adoptions were finalized before July 1, 1967, and his adoption was finalized in 1965. We agree.

When interpreting a statute, we seek to determine legislative intent by first *1223 looking to the plain language of the statute. Robles v. People, 811 P.2d 804, 806 (Colo. 1991). If the language of the statute is clear, it is not necessary to resort to other rules of statutory interpretation. Id. If the words of a statute can be interpreted more than one way within the context of a statutory scheme, the history of the statute may be useful in determining legislative intent. Bynum v. Kautzky, 784 P.2d 735, 737 (Colo.1989). "When a statute is amended it is presumed that the legislature intended to change the law." Robles, 811 P.2d at 806.

We analyze the language of section 19-5-305(2) de novo. See Lauck v. E-470 Pub. Highway Auth., 187 P.3d 1148, 1150 (Colo.App.2008). In doing so, we give the words of the statute their plain and ordinary meaning. Lawry v. Palm, 192 P.3d 550, 565 (Colo.App.2008). We also read the words and phrases in context and construe them according to common usage. Bostelman v. People, 162 P.3d 686, 690 (Colo.2007). We will not adopt a construction that renders any term superfluous or leads to an unreasonable or absurd conclusion. Spahmer v. Gullette, 113 P.3d 158, 162 (Colo.2005). If possible, we interpret a statute so as to give all of its parts "consistent and sensible effect" within the statutory scheme. Richmond Am. Homes of Colo., Inc. v. Steel Floors, LLC, 187 P.3d 1199, 1204 (Colo.App. 2008).

Currently, access to records and papers in adoption matters is governed by section 19-5-305(2), which sets limits on access to adoption records as well as contact among adoptees, biological parents, adoptive parents, and siblings, depending upon the date of the adoption. The statute provides in pertinent part:

[A]ccessibility of adoption records, in addition to inspection authorized by a court upon good cause shown ..., and the ability of a party to the adoption proceeding or the adoptee to contact the adoptee or another party, shall be governed by the following provisions based upon the date on which the adoption was finalized:
(a) Adoptions finalized prior to September 1, 1999.(I)(A) Except to the extent disclosure is made in designated adoptions and except for an original birth certificate that is obtained through the provisions of paragraph (d) of this subsection (2), all adoption records ... relating to adoptions finalized prior to September 1, 1999, shall remain confidential, and the names of the parties thereto and the name of the adoptee shall remain anonymous if the adoption was finalized on or after July 1, 1967. Such adoption records shall be accessible by any of the parties ... through the appointment of a confidential intermediary... who successfully obtains consent from the person sought to release such adoption records or by mutual consent of the reunited parties upon proof of identification....
....
(b) Adoptions finalized on or after September 1, 1999.(1)(A) Adoption records. All adoption records ... relating to adoptions finalized on or after September 1, 1999, shall be open to inspection and available for copying by an adult adoptee, an adoptive parent of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any such individual....
....
(C) Prior written statements of birth parents.

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Related

Robles v. People
811 P.2d 804 (Supreme Court of Colorado, 1991)
People v. Proffitt
865 P.2d 929 (Colorado Court of Appeals, 1993)
Spahmer v. Gullette
113 P.3d 158 (Supreme Court of Colorado, 2005)
Lauck v. E-470 PUBLIC HIGHWAY AUTHORITY
187 P.3d 1148 (Colorado Court of Appeals, 2008)
Richmond American Homes of Colorado, Inc. v. Steel Floors, LLC
187 P.3d 1199 (Colorado Court of Appeals, 2008)
Lawry v. Palm
192 P.3d 550 (Colorado Court of Appeals, 2008)
Civil Service Commission v. Carney
97 P.3d 961 (Supreme Court of Colorado, 2004)
Bostelman v. People
162 P.3d 686 (Supreme Court of Colorado, 2007)
In re J.N.H.
209 P.3d 1221 (Colorado Court of Appeals, 2009)
Bynum v. Kautzky
784 P.2d 735 (Supreme Court of Colorado, 1989)

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Bluebook (online)
209 P.3d 1221, 2009 WL 1014321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jnh-coloctapp-2009.