The Intersection of Dependency & Neglect Cases with Divorce with Amy Goscha | Episode 85

Divorce at Altitude: A Podcast on Colorado Family Law

Intersection of D&N cases and Divorce

What is dependency and neglect?

Dependency and neglect (D&N) cases concern child abuse or neglect. These are civil cases that do not involve the criminal prosecution of parents, but there could be a concurrent criminal case. The D&N court has jurisdiction over children for their safety, protection, stability, and family preservation.

When is a child dependent or neglected?

•a parent, guardian, or legal custodian abandoned the child or subjected them to mistreatment or abuse.

•the child lacks proper parental care through the actions or omissions of a parent, guardian, or legal custodian

•the child’s environment is injurious to his or her welfare

•a parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for the child’s health, guidance, or well-being

•the child is homeless, without proper care

•the child is a runaway or is otherwise beyond the control of a parent, guardian, or legal custodian

•the child was born affected by alcohol or substance exposure

•a parent, guardian, or legal custodian subjected another child to an identifiable pattern of habitual abuse

What are the various roles/players involved in a D&N case?

•Lawyers- Parents, guardians, or legal custo­dians named in a D&N case as respondents may hire counsel or, if they cannot afford a lawyer, the court will determine their eligibility for a state-funded lawyer to represent them.

•DHS caseworker- DHS caseworkers coordinate services and maintain contact with the family. They also provide the court with written reports (family service plans).

•Guardian ad litem (GAL). The GAL is the lawyer assigned to represent the child’s best interests. The GAL must advocate on behalf of the child’s health, safety, and well-being.

•County attorney - The county attorney (or city attorney of a city and county)6 represents DHS and is responsible for initiating the D&N case. County attorneys work with caseworkers to make recommendations to the court regard­ing the child’s best interests.

•CASA volunteer - CASA volunteers are appointed by a judge to gather information about the child and make recommendations to inform the judge’s decision-making.

What is involved with the D&N Process?

•Initial matters. A D&N case begins when the county attorney or, in Denver and Broomfield, the city/county attorney, files a

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.