People in Interest of L.M

Citations

• 2018 CO 34
• 416 P.3d 875

Syllabus

This case required the Supreme Court to determine whether the State may seek to terminate a parent's parental rights under the relinquishment provision of the Colorado Children's Code, CRS § 19-5-105, when the child is already subject to a dependency and neglect proceeding under Article 3 of the Code, CRS §§ 19-3-100.5 to -805. The Court concluded that when a dependency and neglect proceeding is pending, the State can terminate parental rights only through the procedures set forth in Article 3 of the Code and cannot use the more limited processes provided in Article 5. The Court affirmed the Court of Appeals division's judgment.