The People of the State of Colorado, Petitioner, in the Interest of Minor Children: L.m., E.m., and E.j.m., And…

Summary

The court held that when a dependency and neglect proceeding is pending, the State may terminate parental rights only under Article 3 of the Colorado Children's Code, not through Article 5's relinquishment procedures. It reasoned that the two statutory schemes serve different purposes and that allowing Article 5 termination would circumvent Article 3's substantive and procedural protections. The court affirmed the court of appeals' judgment and remanded for further proceedings in the dependency and neglect case. Justice Boatright, joined by Justice Coats, dissented, concluding that the statutes provide alternative procedures and do not conflict.