Colorado in the Interest of J.G.

After a jury found that the environment of M.L.’s four children was injurious to their welfare, the trial court adjudicated the children dependent or neglected. The Colorado Supreme Court granted certiorari in this case to resolve two points: (1)whether determination of a child’s status as dependent or neglected under the injurious environment provision of Article 3 of the Colorado Children’s Code must take into account each parent’s actions or failures to act; and (2)whether findings as to parental fault are required to adjudicate a child dependent or neglected under the same provision. Mother (“M.L.”) appealed a jury’s finding that the environment for four of her five children was injurious to their welfare and the trial court’s resulting adjudication. Relying on "Troxel v. Granville," (530 U.S. 57 (2000)), the court of appeals agreed with M.L. and reversed the trial court’s adjudication. The Supreme Court reversed, finding that Troxel’s due process requirements did not necessitate that the State prove that both parents lack the availability, ability, and willingness to provide reasonable parental care before a child may be adjudicated dependent or neglected under the injurious environment provision. Additionally, the Court held that neither the plain language of the dependency or neglect statute nor Troxel required the State to prove parental fault when adjudicating a child dependent or neglected under the injurious environment provision. Hence, the trial court’s jury instructions were consistent with the plain language of the statute and the trial court did not err when it allowed the jury to find that the children’s environment was injurious to their welfare without first requiring the jury to make findings of parental fault. View "Colorado in the Interest of J.G." on Justia Law