Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge


Colorado Court of Appeals Opinions || November 21, 2012

Colorado Court of Appeals -- November 21, 2012
2012 COA 211. No. 12CA1015. People in the Interest of M.S., and Concerning S.S.

 

COLORADO COURT OF APPEALS 2012 COA 211

Court of Appeals No. 12CA1015
Archuleta County District Court No. 11JV14
Honorable Gregory G. Lyman, Judge


The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.S., a Child, and Concerning S.S. and L.H.,

Respondents-Appellants,

and

F.S. and A.S.,

Intervenors.


APPEAL DISMISSED

Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur

Announced November 21, 2012


Robert W. Kern, Jr., County Attorney, Pagosa Springs, Colorado, for Petitioner-Appellee

Lisa Toy, Guardian Ad Litem

Law Office of Jerry F. Venn, Jerry F. Venn, Pagosa Springs, Colorado for Respondent-Appellant S.S.

Larry W. Holthus, Pagosa Springs, Colorado, for Respondent-Appellant L.H.
 

 

¶1     S.S. and L.H. appeal from an order adjudicating their child, M.S., dependent and neglected and from an order which did not terminate their parental rights, but only found that no appropriate treatment plan could be devised for them. We dismiss the appeal for lack of a final order.

¶2     “An order decreeing a child to be neglected or dependent shall be a final and appealable order after the entry of the disposition pursuant to section 19-3-508.” § 19-1-109(2)(c), C.R.S. 2012 (emphasis added); see also C.A.R. 3.4(a).

¶3     When the proposed disposition is termination of the parent?child legal relationship, the termination hearing serves as the dispositional hearing. § 19-3-508(1), C.R.S. 2012; see § 19-3- 508(3)(court may enter a dispositional decree terminating parental rights).

¶4     Because the termination hearing has not been held, the disposition has not entered, and the matter is not ripe for review.

¶5     Accordingly, the appeal is dismissed without prejudice.

JUDGE HAWTHORNE and JUDGE ROMÁN concur.

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Court of Appeals Opinions || November 21, 2012

Back