Supreme Court of Colorado
H.j.b. v. a - J.a.b. Judgment Affirmed Justice Berkenkotter Delivered the Opinion of the Court, in Which Chief…
September 11, 20232023 CO 48
Summary
The court affirmed the judgment terminating the mother's parental rights, but on different grounds from the court of appeals. It held that generalized assertions of Indian heritage trigger Colorado's statutory due-diligence obligation, not automatic formal notice under the Indian Child Welfare Act, and that due diligence is flexible and fact-specific. Applying that standard, the court concluded that the Department satisfied its obligation and that the record did not establish reason to know that the child was an Indian child.