People Ex Rel. Es

49 P.3d 1221, 2002 WL 926737
CourtColorado Court of Appeals
DecidedMay 9, 2002
Docket01CA0334
StatusPublished

This text of 49 P.3d 1221 (People Ex Rel. Es) 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
People Ex Rel. Es, 49 P.3d 1221, 2002 WL 926737 (Colo. Ct. App. 2002).

Opinion

49 P.3d 1221 (2002)

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of E.S., a Child,
and Concerning S.S.K., Respondent-Appellant, and
D.K., Special Respondent-Appellant.

No. 01CA0334.

Colorado Court of Appeals, Div. II.

May 9, 2002.

*1222 James D. Robinson, County Attorney, Rebecca Wiggins, Assistant County Attorney, Denver, Colorado, for Petitioner-Appellee.

Shari Shink, Guardian Ad Litem.

Jeffrey C. Koy, Guardian Ad Litem.

Ledbetter & Associates, P.C., H.J. Ledbetter, Jr., Englewood, Colorado, for Respondent-Appellant.

Lloyd L. Boyer, P.C., Lloyd L. Boyer, Englewood, Colorado, for Special Respondent-Appellant.

Opinion by Judge JONES.

S.S.K. (mother) and D.K. (stepfather) appeal from a judgment entered upon a jury verdict adjudicating the child, E.S., dependent or neglected. We affirm.

Two weeks after the mother and the stepfather were married, the six-year-old child and the stepfather, a truck driver, went on a twenty-six-day road trip. Upon their return, the child complained of being spanked frequently and had a faded bruise the size of a quarter on her upper thigh, which allegedly had been caused by a belt buckle while she was being spanked. Concerns about the spankings and the stepfather's treatment of the child led to the removal of the child from the home and the filing of a petition in dependency or neglect.

The petition initially named the mother and the stepfather as respondents. Shortly after it was filed, the child's natural father was located. Accordingly, the Department of Human Services filed a motion to amend the petition to name the father as a respondent and the stepfather as a special respondent, which was granted by a magistrate. Thereafter, the stepfather's requests to be reinstated as a respondent were denied by the trial court.

The adjudicatory trial was to a jury. Because the stepfather was not a respondent, he was not allowed to present evidence or to cross-examine witnesses. The mother, however, called the stepfather as a witness and presented a vigorous defense to the allegations of abuse. The jury returned three of four special verdicts against the mother, finding as grounds for dependency and neglect, under § 19-3-102(1), C.R.S.2001, that she had mistreated or abused the child or tolerated or allowed another to mistreat the child without taking lawful means to stop or prevent the mistreatment or abuse; that the child's environment was injurious to her welfare; and that the child was lacking proper parental care as a result of the mother's acts or failure to act. Judgment was entered on the special verdicts, and this appeal followed.

As an initial matter, we note that the mother does not have standing to raise issues regarding the stepfather's party status and that the stepfather lacks standing to raise issues concerning the adjudication of the child vis-a-vis the mother. See People in Interest of A.L.B., 994 P.2d 476 (Colo.App. *1223 1999). Thus, the contentions raised by the parties' joint brief will be addressed only as to the specific party having proper standing.

I.

The stepfather contends that the trial court erred in refusing to allow him to participate as a party in the adjudicatory trial. We find no error.

A.

The stepfather argues that a stepparent has a fundamental liberty interest in the care, custody, and management of the stepchild and, therefore, is entitled to constitutional due process protections, including the right to be heard and to defend against a petition in dependency and neglect. We disagree.

A natural or adoptive parent has a fundamental liberty interest in the care, custody, and management of the child. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); B.B. v. People, 785 P.2d 132 (Colo.1990); People in Interest of A.M.D., 648 P.2d 625 (Colo.1982). However, we have found no authority extending a similar liberty interest to either a stepparent or a family unit created by the natural or adoptive parent and a stepparent, absent substantial evidence that the stepparent stood "in loco parentis" to the child. See, e.g., Ortiz v. Burgos, 807 F.2d 6 (1st Cir.1986); In re Maricopa County Juvenile Action, 134 Ariz. 407, 656 P.2d 1268 (Ariz.Ct.App.1982); In re Tracy M., 137 N.H. 119, 624 A.2d 963 (1993); Gribble v. Gribble, 583 P.2d 64 (Utah 1978). But see In re Marriage of Smith, 7 P.3d 1012 (Colo.App.1999); People in Interest of P.D., 41 Colo.App. 109, 580 P.2d 836 (1978).

Further, to extend such an interest where, as here, the rights of both of the natural parents are intact could create an untenable conflict by pitting the rights of a stepparent against those of the natural or adoptive parents, which would compromise the welfare of the child. In re Maricopa County Juvenile Action, supra; see Smith v. Organization of Foster Families for Equality & Reform, 431 U.S. 816, 97 S.Ct. 2094, 53 L.Ed.2d 14 (1977); People in Interest of A.W.R., 17 P.3d 192 (Colo.App.2000); see also Petition of E.R.S., 779 P.2d 844 (Colo.1989). But see In re Custody of C.C.R.S., 892 P.2d 246 (Colo. 1995)(where natural mother voluntarily relinquished custody of child one day after birth, nonparents granted standing to petition for custody).

Here, the stepfather and the mother had been married only six weeks before the child was removed from the home and the petition in dependency or neglect was filed. Further, the rights of the natural father were extant. Under these circumstances, we decline to extend the constitutional due process protections afforded a natural or adoptive parent to any relationship the stepfather may have had with the child.

Accordingly, the trial court did not err in restricting the stepfather's participation in the adjudicatory trial. Because, as discussed below, the stepfather was allowed to participate in the dispositional stage of the proceedings, we do not address a stepparent's due process rights, if any, at that stage.

B.

The stepfather also argues that, under the Children's Code, a stepparent must be named a respondent and be allowed to participate as a party in a dependency or neglect proceeding. He further argues that the People were bound by stipulation to allow his full participation in the adjudicatory trial. Again, we disagree.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Santosky v. Kramer
455 U.S. 745 (Supreme Court, 1982)
People in Interest of MH
855 P.2d 15 (Colorado Court of Appeals, 1992)
People in Interest of AE
914 P.2d 534 (Colorado Court of Appeals, 1996)
B.B. v. People
785 P.2d 132 (Supreme Court of Colorado, 1990)
People in Interest of PD
580 P.2d 836 (Colorado Court of Appeals, 1978)
In the Matter of A.L.B.
994 P.2d 476 (Colorado Court of Appeals, 1999)
Gribble v. Gribble
583 P.2d 64 (Utah Supreme Court, 1978)
People in the Interest of Mal
592 P.2d 415 (Colorado Court of Appeals, 1976)
Schuster v. Zwicker
659 P.2d 687 (Supreme Court of Colorado, 1983)
Ajay Sports, Inc. v. Casazza
1 P.3d 267 (Colorado Court of Appeals, 2000)
In Re the Marriage of Smith
7 P.3d 1012 (Colorado Court of Appeals, 2000)
In Re the Appeal in Maricopa County Juvenile Action Nos. JS-4118/JD-529
656 P.2d 1268 (Court of Appeals of Arizona, 1982)
People ex rel. E.S.
49 P.3d 1221 (Colorado Court of Appeals, 2002)
People ex rel. T.R.W.
759 P.2d 768 (Colorado Court of Appeals, 1988)
C.R.S. v. T.A.M.
892 P.2d 246 (Supreme Court of Colorado, 1995)
In re Tracy M.
624 A.2d 963 (Supreme Court of New Hampshire, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
49 P.3d 1221, 2002 WL 926737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-es-coloctapp-2002.