The People of the State of Colorado, in the Interest of Minor Children: J.g., J.p., S.l., and Cl., and J.g., J.p…

Summary

The court held that adjudicating a child dependent or neglected based on an injurious environment does not require the State to prove that both parents lack the ability, availability, or willingness to provide reasonable parental care. It also held that the statute does not require findings of parental fault, so the jury instructions tracking the statutory language were proper. The court reversed the court of appeals and remanded for consideration of the mother's remaining appellate issue. Justice Gabriel, joined by Justice Hood, dissented, concluding that due process required consideration of each respondent parent's acts or omissions and that the instructions were misleading.