Legal Opinion · Dissent

In Re People Ex Rel. A.H.

Supreme Court of Colorado

Decided September 14, 2009No. 09SA22Published

1DissentJustice Martinez

The majority refuses to intervene in this case to prevent a juvenile court from proceeding without jurisdiction after a jury determination failing to find that A.H. was dependent and neglected. The basis of the majority’s refusal to intervene, that G.H. did not pursue an adequate legal remedy and can ask for custody in the pending case, misses the point. Regardless of whether G.H. failed to appeal or can request custody in the pending case, because the juvenile court is proceeding without jurisdiction, that ease will now continue futilely, with the court entering orders concerning the care…

2Cases cited5 opinions

  1. Pena v. District Court of Second Judicial DistrictSupreme Court of Colorado · 1984
  2. People in Interest of PDSColorado Court of Appeals · 1983
  3. People ex rel. T.R.W.Colorado Court of Appeals · 1988
  4. People ex rel. U.S.Colorado Court of Appeals · 2005
  5. People v. Juvenile Court, City & County of DenverSupreme Court of Colorado · 1996

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