In re People

88 P.3d 599 (Colo. 2004) · Supreme Court of Colorado · April 12, 2004

Summary

The Colorado Supreme Court reviews an original proceeding challenging dismissal of prospective adoptive parents’ petition for allocation of parental responsibilities after a Missouri adoption failed. The court concludes that the interstate nature of the dispute and the Missouri adoption proceedings do not deprive Colorado courts of jurisdiction to conduct a best-interests-of-the-child inquiry. It makes the rule absolute and remands for further proceedings.

Holdings

  1. Colorado courts may exercise jurisdiction to determine custody of a child based on the child's best interests after an interstate adoption fails, even though the child was born in another state and the other state's court ordered the child's return without conducting a best-interests custody determination.
  2. The UCCJA would permit Colorado to exercise jurisdiction in this dispute, and the UCCJEA does not require a different result because it excludes adoption proceedings and leaves a jurisdictional gap that the Uniform Adoption Act was intended to fill.
  3. The PKPA did not bar Colorado from exercising jurisdiction because Missouri declined, within the meaning of the Act, to exercise continuing jurisdiction to determine the child's best interests.
  4. The ICPC did not require Colorado to return the child or decline jurisdiction because the Missouri sending agency did not request the child's return and instead stated that the child's best interests favored remaining in Colorado.

Questions Presented

  1. Whether Colorado had jurisdiction to consider the petitioners' request for allocation of parental responsibilities after the Missouri adoption failed and the Missouri court ordered the child's return without conducting a best-interests hearing.
  2. Whether the UCCJA, UCCJEA, PKPA, or ICPC required Colorado to decline jurisdiction or give preclusive effect to the Missouri custody-related order.
  3. Whether prospective adoptive parents who have physical custody of a child following a failed adoption may seek an independent custody determination under Colorado law.

Disposition

reversed_and_remanded

Cases Cited (19)

  • In re Custody of C.C.R.S., 892 P.2d 246, 253-58 (Colo. 1995)(followed)
  • In re Baby Girl, 850 S.W.2d 64 (Mo. 1993)(followed)
  • Shepler v. Sayres, 372 S.W.2d 87, 90-91 (Mo. 1963)(followed)
  • In re K.K.M., 647 S.W.2d 886, 892 (Mo. Ct. App. 1983)(followed)
  • In re Neusche, 398 S.W.2d 453, 457 (Mo. Ct. App. 1966)(followed)
  • L.G. v. People, 890 P.2d 647, 655-58 (Colo. 1995)(followed)
  • In re Custody of K.R., 897 P.2d 896, 899-900 (Colo. App. 1995)(followed)
  • In re T.C.M., 651 S.W.2d 525, 528 (Mo. Ct. App. 1983)(followed)
  • Barden v. Blau, 712 P.2d 481, 484 (Colo. 1986)(followed)
  • E.E.B. v. D.A., 89 N.J. 595, 446 A.2d 871, 877-80 (1982), cert. denied, 459 U.S. 1210 (1983)(followed)

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