Colorado in the int. of S.A., a Child
Annotate this CaseRespondents B.A. and J.W., adopted S.A., a minor, and his two younger siblings. In 2020, S.A. had homicidal and suicidal ideations and allegedly acted out against his siblings. S.A. was eventually placed in foster care at the request of B.A., J.W., and A.W. (collectively, “Parents”). After initially opening a voluntary case, the Park County Department of Human Services (“Department”) filed a petition in dependency or neglect as to S.A. The district court, sitting as a juvenile court, adjudicated S.A. dependent or neglected on September 16, 2021. The juvenile court, after conducting a series of hearings, reviewing the proposed treatment plans, and considering the parties’ position statements, ordered therapeutic sibling visits between S.A. and his two younger siblings “[p]ursuant to [section] 19-7-204,” C.R.S. (2021). The court entered this order over Parents’ strenuous objection. Parents then petitioned the Colorado Supreme Court. The Court found that neither the Foster Youth Siblings Bill of Rights, nor the dependency or neglect provisions of the Colorado Children’s Code, granted the juvenile court personal jurisdiction over the siblings. Additionally, the court’s personal jurisdiction over the parents and its subject matter jurisdiction over the case did not grant the court authority over the non-dependent siblings. Accordingly, the Court vacated the juvenile court order, and remanded this case for further proceedings.
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