Attorney Beth Padilla litigated a case at the Colorado Court of Appeals addressing numerous child welfare issues, including the Indian Child Welfare Act (ICWA).
In the published opinion, the Court of Appeals determined that 1) a foster parent that no longer has the foster children in their care loses standing at the trial court; and 2) a trial court's denial of a tribe's request to transfer jurisdiction to tribal court is a final order based on the collateral order doctrine.
In Colorado, a foster parent may seek to intervene in a child welfare case after having the child in their care for three months. In this case, the children were then moved to a new foster home. The Court of Appeals determined that the original foster family could no longer participate in the proceeding once the children were no longer in their care.
In addition, the Court of Appeals determined that a trial court's denial of a tribe's motion to transfer the case to tribal court was a final order for appellate review. The Court of Appeals applied the collateral order doctrine and explained that "The collateral order doctrine permits — in limited circumstances — appellate review of an interlocutory order despite its non-final nature."
The full decision can be found here: law.justia.com/cases/colorado/court-of-appeals/2019/18ca1478.html
In the published opinion, the Court of Appeals determined that 1) a foster parent that no longer has the foster children in their care loses standing at the trial court; and 2) a trial court's denial of a tribe's request to transfer jurisdiction to tribal court is a final order based on the collateral order doctrine.
In Colorado, a foster parent may seek to intervene in a child welfare case after having the child in their care for three months. In this case, the children were then moved to a new foster home. The Court of Appeals determined that the original foster family could no longer participate in the proceeding once the children were no longer in their care.
In addition, the Court of Appeals determined that a trial court's denial of a tribe's motion to transfer the case to tribal court was a final order for appellate review. The Court of Appeals applied the collateral order doctrine and explained that "The collateral order doctrine permits — in limited circumstances — appellate review of an interlocutory order despite its non-final nature."
The full decision can be found here: law.justia.com/cases/colorado/court-of-appeals/2019/18ca1478.html
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