Opinion
22SC348
08-15-2022
The People of the State of Colorado, Petitioner/Cross-Respondent v. J.M.G., and Respondent/Cross-Petitioner In the Interest of Minor Children: Jay.J.L. and Jac.J.L., and Petitioner/Cross-Respondent Jay.J.L. and Jac.J.L., children, B.J.L. Respondent
Court of Appeals Case No. 21CA659
Petitions and Cross-Petition for Writ of Certiorari GRANTED.
Whether the court of appeals erred in its analysis of section 19-1-126, C.R.S. (2021), and 25 C.F.R. section 23.107(a) and in concluding the Department had not exercised due diligence in gathering information to determine whether the child was an Indian child.
Whether the court of appeals erred in declining to follow the analysis of a separate division in People in Interest of E.M., 2021 COA 152, 507 P.3d 113, which held that a parent disclosing Native American heritage through a specific tribe was sufficient to give a juvenile court "reason to know" the child is an Indian child, thus triggering ICWA's notice provisions.
DENIED AS TO ALL OTHER ISSUES.