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 the procedures governing that proceeding and may not use the expedited relinquishment procedures. Because the Department attempted to terminate Father's rights under the relinquishment provisions after an Article 3 termination motion was pending, the court affirmed the court of appeals and remanded for further proceedings in the dependency and neglect action. Justice Boatright, joined by Justice Coats, dissented, reasoning that the statutes provide alternative procedures rather than conflicting ones and that the relinquishment provision required the Department to file its petition.