Opinion
Supreme Court Case No: 2023SA298
02-23-2024
IN RE: Petitioner: The PEOPLE of the State of Colorado, IN the INTEREST OF Minor Children: Children: A. C. A. and A. M. A., and Concerning Respondents: R. C. a/k/a R. F. and J. - L. A. C. Jr. (Deceased), and Concerning Intervenor: L. B.
Original Proceeding, District Court, Weld County, 2017JV682
En Banc
ORDER OF COURT
Upon consideration of the petition for Rule to Show Cause submitted by the Guardian Ad Litem ("GAL"), the response briefs filed by Mother and the district court, the amicus brief of the Weld County Department of Human Services, and the GAL’s reply brief, IT IS HEREBY ORDERED that the rule is DISCHARGED WITHOUT OPINION because we perceive no abuse of discretion. See C.A.R. 21(m) ("The court, upon review, in its discretion may discharge the rule … with or without opinion.").
We infer from the brief filed by the district court that the first order entered on November 17, 2023, "Order: Forthwith Motion to Hold Placement Order in Abeyance," is the prevailing order in this original proceeding. Because the second order entered that day, "Order Concerning Placement and Permanency Hearing," is in direct conflict with the earlier order and appears to have been issued by mistake, the district court is hereby directed to vacate it without delay. If our understanding is incorrect, then the district court must take appropriate action on remand to resolve the conflict between the two orders. BY THE COURT, EN BANC, FEBRUARY 23, 2024.