purpose of an adjudicatory hearing in Colorado

2026People in Interest of N.G., 2012 COA 131, ¶ 39 ; see also K.D. v. 2 People, 139 P.3d 695, 699 (Colo. 2006) (noting that the adjudication is not made as to the parents but relates only to the child’s status). ¶8 As relevant here, a child is dependent or neglected when (1) the child lacks proper parental care through the actions or omissions of the parent; (2) the child’s environment is injurious to their welfare; and (3) a parent fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for their health, guidance, or well-be

2011The purpose of an adjudicatory hearing is to determine whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and thus, whether the status of the subject child "warrants intrusive protective or corrective state intervention into the familial relationship." People in Interest of A.M., 786 P.2d 476 , 479 (Colo.App.1989); see K.D. v. People, 139 P.3d 695, 699 (Colo.2006) (an order of adjudication is not made as to each parent separately, but rather relates only to "the status of the child as of the date of the adjudication").

2026A. Applicable Law and Standard of Review ¶7 “The purpose of an adjudicatory hearing is to determine whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and whether the status of the subject [youth] . . . warrants intrusive protective or corrective state intervention into the familial relationship.” People in Interest of A.M., 786 P.2d 476 , 479 (Colo. 2 App. 1989 ).

2025We are not persuaded. 2 A. Applicable Law and Standard of Review ¶7 “The purpose of an adjudicatory hearing is to determine whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and whether the status of the subject child or children warrants intrusive protective or corrective state intervention into the familial relationship.” People in Interest of A.M., 786 P.2d 476 , 479 (Colo. App. 1989).

2026S.G.L., 214 P.3d at 583 . ¶7 The purpose of an adjudicatory hearing is to determine the child’s status as dependent or neglected under section 19-3-102 and whether that status warrants governmental intervention.

2025Id. 3 ¶8 “The purpose of an adjudicatory hearing is to determine whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and whether the status of the subject child or children warrants intrusive protective or corrective state intervention into the familial relationship.” People in Interest of A.M., 786 P.2d 476 , 479 (Colo. App. 1989). “[A]n adjudication may be based not only on current or past harm but also on prospective harm.” People in Interest of G.E.S., 2016 COA 183, ¶ 15 .

2016JUSTICE GABRIEL, dissenting. ¶ 45 The purpose of an adjudicatory hearing on dependency or neglect is to determine whether a child, "for whatever reason, lacks the benefit of adequate parental protection, care and guidance." People in Interest of O.E.P., 654 P.2d 312, 319 (Colo.1982), The adjudication requires the fact finder to determine the status of the child, that is, whether he or she is "neglected or dependent" pursuant to section 19-8-102, C.R.S. (2015).

2016JUSTICE GABRIEL, dissenting. ¶45 The purpose of an adjudicatory hearing on dependency or neglect is to determine whether a child, “for whatever reason, lacks the benefit of adequate parental protection, care and guidance.” People in Interest of O.E.P., 654 P.2d 312, 319 (Colo. 1982).

2009Section 19-8-505 is captioned "Adjudicatory hearing-findings-adjudieation." The purpose of an adjudicatory hearing is to determine whether the allegations of a petition in dependency and neglect are supported by the evidence. § 19-1-108(8); see also People in Interest of E.A., 638 P.2d 278 , 283 (Colo.1981).

2009Section 19-3-505 is captioned "Adjudicatory hearing—findings—adjudication." The purpose of an adjudicatory hearing is to determine whether the allegations of a petition in dependency and neglect are supported by the evidence. § 19-1-103(3); see also People in Interest of E.A., 638 P.2d 278, 283 (Colo. 1981).

2024“The purpose of an adjudicatory hearing is to determine (1) whether the factual allegations in the dependency and neglect petition are supported by a preponderance of the evidence, and (2) whether the status of the children warrants intrusive protective or corrective state 10 intervention into the familial relationship.” People in Interest of A.H., 271 P.3d 1116, 1120 (Colo. App. 2011). ¶ 20 Because a dependency and neglect proceeding is preventative as well as remedial, an adjudication may be based not only on current or past harm but also on prospective harm.

2012Father's Motion for Placement and Custody of the Child and Offer of New Evidence [ 57 We conclude that the magistrate also erred in failing to rule on father's motion for placement and custody of the child, and in declining to address the Troxel presumption, before allocating parental rights to uncle. 158 The purpose of an adjudicatory hearing is to determine whether the status of the subject child "warrants intrusive protective or corrective state intervention into the familial relationship." A.H., 271 P.3d at 1120 .

2026We may not disturb the jury verdict unless it is clearly erroneous, meaning it lacks record support, “even though reasonable people might arrive at different conclusions based on the same facts.” Id.; see People in Interest of T.T., 128 P.3d 328, 331 (Colo. App. 2005). ¶ 17 The purpose of an adjudicatory hearing is to determine the child’s status as dependent or neglected under section 19-3-102 and whether that status warrants governmental intervention.

2025People in Interest of A.E.L., 181 P.3d 1186, 1192 (Colo. App. 2008).

2024See § 19-3-604(2)(h), C.R.S. 2024 (stating that, in deciding whether a parent is unfit, the court “shall consider,” among other things, whether “[r]easonable efforts by child-caring agencies . . . have been unable to rehabilitate the parent or parents”); see also People in Interest of S.N-V., 300 P.3d 911 , 915 (Colo. App. 2011) (noting that, in considering whether a department made reasonable efforts, the juvenile court should consider whether the services provided were appropriate to support the parent’s treatment plan). ¶ 28 In contrast, the purpose of an adjudicatory hearing is to determin

2017Although section 19-3-506(7)(a) further provides that the court shall “make an order of adjudication” setting forth whether the child is neglected or dependent, section 19-l-104(l)(b) reflects that a court’s jurisdiction over a child rests solely on the factual status of the child as neglected or dependent, not the formal entry of an order of adjudication reflecting that status. § 19-l-104(l)(b); see also A.M.D., 648 P.2d at 639 (“The status of being a neglected or dependent child triggers juvenile court jurisdiction over a child so circumstanced in Colorado.”). ¶31 In sum, the purpose of an a

2017In turn, the child’s status as dependent or neglected establishes the court’s continued jurisdiction over the child and permits state intervention into the familial relationship to" protect'the-child and to provide rehabilitative services to assist the parent and child'in'establishing a relationship and home environment that will preserve the family unit. 6 J.G., ¶ 18, 370 P.3d at 1158 ; A.M.D., 648 P.2d at 640 ; see also People in Interest of A.M., 786 P.2d 476 , 479 (Colo. App. 1989). ¶32 Here, Mother entered an admission to the Department’s .allegation that the children were dependent or ne