S.L. v. District Court ex rel. Tenth Judicial District

676 P.2d 12, 1984 Colo. LEXIS 476
CourtSupreme Court of Colorado
DecidedJanuary 16, 1984
DocketNo. 83SA367
StatusPublished
Cited by11 cases

This text of 676 P.2d 12 (S.L. v. District Court ex rel. Tenth Judicial District) 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
S.L. v. District Court ex rel. Tenth Judicial District, 676 P.2d 12, 1984 Colo. LEXIS 476 (Colo. 1984).

Opinion

QUINN, Justice.

In this original proceeding we are asked to determine whether the Colorado Children’s Code1 authorizes a juvenile court to transfer legal custody of a child from its natural parent to a county department of social services at a shelter hearing conducted under section 19-2-103. The petitioner, S.L., is the child’s natural mother and claims that the respondent, the District Court of Pueblo County, exceeded its jurisdiction when it ordered that the child, who had been taken into temporary protective custody by the Pueblo County Department of Social Services (department), should be returned to the mother but that legal custody of the child should be placed with the department pending an adjudication of dependency or neglect. We issued a rule to show cause and now make the rule absolute.

I.

On August 3, 1983, the department filed with the respondent court a motion to permit it to file a petition in dependency or neglect and to grant it temporary custody of S.T.L., a three year old child. Attached to the department’s motion was a report from a caseworker. The report contained an account of the caseworker’s investigation of the child’s family situation. It stated that on July 31, 1983, the child was taken into protective custody by the department after Pueblo police officers responded to the mother’s home to answer a disturbance call which resulted in the arrest of the mother and a male companion for possession of marijuana. Several days later the child’s natural father, S.L., Sr., asked the caseworker for custody of the child. An investigation of the father’s background disclosed that he had a serious drinking problem. It was the caseworker’s opinion that the mother needed counseling for chemical dependency and the father for alcoholism. The caseworker’s report concluded as follows:

“As the environment [the mother] has provided for her child is not in the child’s best interests, and inasmuch as [the father] has similar problems and, further, has no appropriate living arrangement for himself and the child, it is recommended that legal and physical custody of S.T.L., the child, be placed with the Pueblo County Department of Social Services, pending adjudication. It is further recommended that a Guardian Ad Litem be appointed for the child, that Protective Orders be [entered], and that a Petition in Dependency or Neglect be filed on behalf of the child.”

The respondent court conducted a shelter hearing on August 5 and 10, 1983, and heard testimony from various witnesses. On August 11 the court made the following findings:

“1. The removal of the minor child from custody of S.L. was warranted in that there was probable cause to believe that the child’s environment was injurious to his welfare and that he lacked proper parental care through the acts of his mother.
“2. ... [T]he parties appear sincere in their desire to retain custody of the minor child, S.T.L., and have presented a plan for modifying their lifestyle which appears workable.
“3. ... [The child’s parents] have indicated their willingness to cooperate with the Pueblo County Department of Social Services in addressing some of the issues raised in this Shelter Hearing.
“4. ... [I]t is in the best interest of the minor child, S.T.L., that he not be removed from the physical custody of the [14]*14respondents for any longer period than is absolutely necessary.”

On the basis of these findings the court ordered the department to file a petition in dependency or neglect, restored physical custody of the child to the natural parents, appointed a guardian ad litem for the child, and placed legal custody of the child with the department “for a determinate period of’ one year, pending adjudication herein, subject to sooner termination or extension by Order of this Court.”2 The natural mother, S.L., thereafter sought relief from this court in the nature of prohibition under C.A.R. 21.

II.

A review of the basic structure of the Children’s Code provides the legal context for determining the authority of a juvenile court to resolve the question of legal custody of a child at a shelter hearing. We note at the outset that “legal custody”, as used in the Children’s Code, means “the right to the care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care.” Section 19-1-103(19). Legal custody may be taken from a parent only by court action. Id.3 An agency vested with legal custody has the right, subject to the approval of the court, to determine where and with whom the child shall live during the effective period of the custody decree. Section 19 — 3—115(3)(a) (1982 Supp.).

The term “shelter” refers to the temporary care of a child in physically unrestrict-ing facilities pending court disposition or execution of a placement order. Section 19-1-103(25). A shelter hearing is designed to provide emergency care and assistance for a child at the pre-adjudicatory phase of a juvenile proceeding. Recognizing the government interest in providing for the welfare of children, section 19-2-101(l)(b) authorizes a law enforcement officer to take temporary physical care of a child without order of court when the child “is abandoned, lost, or seriously endangered in his surroundings or seriously endangers others and immediate removal appears to be necessary for his protection or the protection of others.”4 The law enforcement officer is required to promptly notify the court of his action and also to inform the child’s parent or legal guardian of the right “to a prompt hearing to determine whether the child is to be detained further.” Section 19-2-103(2). The shelter hearing must be conducted within 48 hours, exclusive of Saturdays, Sundays, and court holidays, id., and the child may not be held in the shelter facility longer than that period “unless a petition has been filed or the court determines that it would be contrary to the welfare of the child or of the community to release the child from detention.” Section 19 — 2—103(3)(a)(I) (1982 Supp.).5

After a child has been taken into temporary custody, a law enforcement officer or other person.may refer the matter to the court for a preliminary investigation “to determine whether the interests of the [15]*15child or of the community require that further action be taken,” section 19-3-101(2), such as the filing of a petition in dependency or neglect.6 The Colorado Children’s Code defines a “dependent or neglected child” to include, as pertinent here, a child who lacks proper parental care through the actions or omissions of the parent, section 19-l-103(20)(b), a child whose environment is injurious to his welfare, section 19 — 1— 103(20)(c), and a child whose parent refuses to provide care necessary for the child’s health, guidance or well-being, section 19-1 — 103(20)(d).

A dependency proceeding must be accompanied by various procedural safeguards calculated to protect the legal interests of the parent, child, and other interested parties. In a dependency proceeding, for example, the petition and summons must notify the parent that termination of the parent-child relationship is a possible result. Sections 19-3-102(3) and 19-3-103(l).

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Bluebook (online)
676 P.2d 12, 1984 Colo. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sl-v-district-court-ex-rel-tenth-judicial-district-colo-1984.