Background
The El Paso County Department of Human Services petitioned to adjudicate M.S-T., Am.S-T., and Ad.S-T. dependent or neglected. It alleged that the family lacked housing, that Ad.S-T. sexually abused Am.S-T. and mother failed to protect her, and that Ad.S-T. had a history of substance use.
After mother initially admitted and later denied the allegations, she requested a jury trial. The jury found the children dependent or neglected under section 19-3-102(1)(a)-(e), C.R.S. 2026, and the juvenile court entered the adjudication. Mother appealed.
The Court’s Holding
The Court of Appeals affirmed. Mother did not identify a specific error in the juvenile court’s finding that the Indian Child Welfare Act did not apply, so the court declined to review her undeveloped ICWA assertion.
Sufficient evidence supported the jury’s verdict. Am.S-T. testified that Ad.S-T. sexually abused her for about two years and that mother did not believe or protect her; mother substantially corroborated key facts, including her disbelief of the disclosure, Ad.S-T.’s marijuana use, unstable housing, and a fire caused by a marijuana roach. The evidence also permitted the jury to find unresolved safety risks and prospective harm, including Am.S-T.’s testimony that she would self-harm or kill herself if returned to mother’s care.
Key Takeaways
- A dependency-and-neglect adjudication may rest on a single statutory ground.
- Appellate review of a jury adjudication requires viewing the evidence and reasonable inferences in the Department’s favor.
- An adjudication may be based on past, present, or prospective harm when the evidence supports a continuing risk to the child.
Why It Matters
The decision underscores that a parent’s claimed progress before trial does not defeat adjudication where serious safety concerns remain unaddressed. It also illustrates that an appellate court will not review an ICWA challenge absent a developed claim that ICWA applied or that the juvenile court erred.