Legal Opinion · Dissent

People ex rel. L.M.

Colorado Court of Appeals

Decided December 21, 1995No. 95CA0440Published

1Dissent

Judge BRIGGS

dissenting.

The trial court’s order requiring foster care payment by the El Paso County Department of Social Services (county department) to an uncertified foster care provider was contrary to the statutory scheme for allocating scarce resources, improperly preempted the authority of the Colorado Department of Human Services (the department) to enact regulations implementing the statutory scheme, and interfered with the county department in the exercise of powers properly within its own sphere. It further required an expenditure of funds not expressly appropriated or otherwise…

2Cases cited4 opinions

  1. McDonnell v. Juvenile CourtSupreme Court of Colorado · 1993
  2. Colorado State Department of Health v. Geriatrics, Inc.Supreme Court of Colorado · 1985
  3. People in Interest of CAGColorado Court of Appeals · 1995
  4. People in Interest of JHColorado Court of Appeals · 1989

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