People in Interest of DLE

645 P.2d 271
CourtSupreme Court of Colorado
DecidedMay 10, 1982
Docket80SA497
StatusPublished

This text of 645 P.2d 271 (People in Interest of DLE) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People in Interest of DLE, 645 P.2d 271 (Colo. 1982).

Opinion

645 P.2d 271 (1982)

The PEOPLE of the State of Colorado, Petitioner-Appellant,
In the Interest of D. L. E., a Child, Appellant through his Guardian ad Litem, Appellee through his Attorney,
and Concerning: J. E., Respondent-Appellee.

No. 80SA497.

Supreme Court of Colorado, En Banc.

May 10, 1982.
Rehearing Denied June 1, 1982.

Gerald J. Ashby, City County Atty; Bourtai Hargrove, Asst. City County Atty., Grand Junction, for petitioner-appellant.

*272 William M. Kane, Grand Junction, for D. L. E.

Robert L. Goodbinder, Grand Junction, guardian ad litem.

Richard A. Brown, Colo. Rural Legal Services, Inc., Grand Junction, for respondent-appellee.

ERICKSON, Justice.

The principal question before us on appeal is whether the District Court of Mesa County erred in failing to adjudicate D. L. E. a dependent and neglected child pursuant to sections 19-1-103(20)(d) and (e), C.R. S.1973 (1978 Repl.Vol. 8). Because of D. L. E.'s continued refusal, on religious grounds, to take medication to control his epileptic condition, his life is in imminent danger. The Mesa County Department of Social Services has appealed the order of the district court and we reverse.

I.

As a result of brain damage occurring at birth, D. L. E. has experienced a series of grand mal epileptic seizures. On religious grounds tied to her membership in the General Assembly and Church of the First Born, D. L. E.'s adoptive mother, J. E., has refused to comply with a program of medical treatment for D. L. E. Various religious tenets of the sect eschew medical care or treatment and provide for faith healing. Neither D. L. E. nor his mother believes that medical treatment is warranted for his condition. They both believe that prayer and assistance by church elders will improve his condition.

On February 2, 1978, when D. L. E. was twelve years old, the Mesa County Department of Social Services (Department) filed a petition alleging that D. L. E. was dependent and neglected because his mother refused to provide medical care necessary for his health and well-being. D. L. E. and his mother asserted their right to religious freedom as a defense to the Department's dependency petition. See U.S.Const. amend. I; Colo.Const. art. II, sec. 4. The District Court of Mesa County, acting in its capacity as a juvenile court, held a dispositional hearing and adjudicated D. L. E. a dependent child under sections 19-1-103(20)(d) and (e), C.R.S.1973 (1978 Repl. Vol. 8) (section 103) which provides:

"`Neglected or dependent child' or `dependent or neglected child' means a child:

* * * * * *
"(d) Whose parent, guardian, or legal custodian fails or refuses to provide proper or necessary subsistence, education, medical care, or any other care necessary for his health, guidance, or well-being;
"(e) Who is homeless, without proper care, or not domiciled with his parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian."

Accordingly, on June 12, 1978, the court awarded the Department legal custody of D. L. E. with directions to arrange for his medical treatment. The treating physician prescribed Dilantin, an anti-convulsant medication, to control D. L. E.'s epileptic seizures.

D. L. E. thereafter appealed to this court and, on July 14, 1980, we reversed the district court judgment with directions to dismiss the petition alleging that D. L. E. was dependent and neglected. People in the Interest of D. L. E., Colo., 614 P.2d 873 (1980) (D. L. E. I). Since we found no support in the record to show that D. L. E.'s life was in imminent danger through a lack of medical care, we declared that his right to refuse medical treatment on religious grounds was controlled by section 19-1-114, C.R.S.1973 (1978 Repl.Vol. 8) (section 114), which provides:

"Notwithstanding any other provision of this title, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to have been neglected within the purview of this title."

Accordingly, we held that D. L. E. was not dependent or neglected within the meaning *273 of section 103. People in the Interest of D. L. E., supra.

D. L. E. initially complied with the orders relating to medical treatment, but on May 2, 1980, while the appeal in D. L. E. I was pending and contrary to medical advice, he abruptly stopped taking Dilantin.[1] As a result, he went into a state of status epilepticus with resulting dysfunction, including a stroke which caused permanent flaccid paralysis of his left arm and leg, a nerve injury which restricted movement in his right arm, a dislocated jaw, and continued seizure activity.[2] The results of an electroencephalograph (EEG) examination given in May 1980 indicated that, because of frequent focal seizures, the right side of D. L. E.'s brain was not functioning at least forty percent of the time. At a hearing in the district court on June 12, 1980, a physician testified that if D. L. E. suffered a focal seizure while eating, there was a reasonable medical probability that he would choke. The court found that continuing focal seizures could result in a life-threatening situation, and therefore ordered D. L. E. to resume taking his medication. During the pendency of the appeal of D. L. E. I, we were not advised of D. L. E.'s changed condition and the precipitating factors which lead to his grand mal seizures. Therefore, as a result of our decision in D. L. E. I, the order of the district court was voided.

Thereafter, the Department filed another petition in the District Court of Mesa County, alleging that: (1) D. L. E. is dependent and neglected because his mother fails and refuses to provide medical care necessary for his health and well-being and that his life is endangered; and (2) D. L. E. is a child in need of oversight, pursuant to section 19-1-103(5), C.R.S.1973 (1978 Repl.Vol. 8) (1981 Supp.), because his medical condition endangers his welfare. The court took judicial notice of the evidence, affidavits, and findings of the prior hearings in D. L. E. I, and D. L. E. and J. E. filed motions to dismiss the petition. On September 19, 1980, the court granted the motion to dismiss as to that portion of the petition alleging that D. L. E. was dependent and neglected.[3] The court recognized that our decision in D. L. E. I determined the validity of a defense to a dependency and neglect petition based on section 114, and held that section 114 was an absolute bar to a finding of dependency and neglect in this case, even though D. L. E.'s condition was life-endangering. The Department and D. L. E., through his guardian ad litem,[4] appealed. We reverse the order of the district court.

II.

As a preliminary matter, we reject the argument of D. L. E., as appellee, and J. E. that the doctrine of res judicata or collateral estoppel should be invoked to bar a redetermination of the issues regarding dependency and neglect in this case. The dependency and neglect petition now before us is based upon events occurring from approximately May 1980 to the time the petition was filed in August 1980.

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