Supreme Court of Colorado
C.W.B., JR., by and Through His Guardian Ad Litem, Petitioner v. A.S. and J.S., and Concerning the People of the…
February 5, 2018410 P.3d 438
Summary
The court held that foster parents who intervened in a dependency-and-neglect proceeding lacked standing to appeal the denial of a motion to terminate the mother's parental rights because they had no legally protected interest in the termination outcome and their prospective adoption was speculative. The statute authorizing intervention granted procedural participation rights but did not automatically authorize an independent appeal when neither the Department nor the guardian ad litem sought review. The court also held that the guardian ad litem's statutory duty to advocate for the child's best interests eliminated any need for foster parents to represent those interests on appeal. Chief Justice Rice, joined by Justice Coats, dissented, concluding that the statutory intervention right conferred standing at all stages of litigation.