Gonzales v. District Court of County of Adams

We granted certiorari to review People In Interest of D.L.R., 44 Colo. App. 327, 618 P.2d 687 (1980), (D.L.R.), wherein the court of appeals reversed the judgment of the trial court which held that an infant was dependent and neglected. At the time of birth, the child was placed in the temporary custody of the Denver Department of Social Services. The reversal was premised on the holding of the court of appeals that, "Because the parents never had custody of, or responsibility for the care of the child, there was and could be no evidence that the child lacked proper care as a result of the acts or omissions of the parents." This holding is excessively narrow in construing sections 19-1-103(20) and 19-3-106 of the Colorado Childrens Code, C.R.S. 1973 (1978 Repl. Vol. 8). Evidence before the trial court clearly showed prospective harm to the child if placed with the parents. There is ample evidence in the record to support the judgment of the trial court. Accordingly, we reverse the judgment of the court of appeals.