Opinion
No. 79CA0567
Decided September 13, 1979.
Mother appealed from an order of the juvenile division of the district court finding that her four children were dependent and neglected.
Appeal Dismissed
1. APPEAL AND ERROR — Juvenile Proceeding — Dependency and Neglect Order — No Dispositional Hearing — Not Final — Appeal Subject to Dismissal. Where, in juvenile proceeding, district court entered order finding children to be neglected and dependent, but no dispositional hearing was held, the order entered is not final, and thus, an appeal of that order is subject to dismissal.
Appeal from the District Court of Jackson County, Honorable John A. Price, Judge.
Daniel J. Kaup, Deputy District Attorney, for appellee.
David V. Gilstrap, Deputy District Attorney, for children.
Hibbard King, William C. Hibbard, for respondent-appellant.
D.A.W. appeals from an order of the juvenile division of the Jackson County District Court which found that her four children were dependent and neglected. We dismiss the appeal.
[1] Since the preliminary statements filed herein indicated that the dispositional hearing required by § 19-3-106(6)(b), C.R.S. 1973, had not been held, we issued an order to show cause why this appeal should not be dismissed because the order appealed from is not a final order. The appellant has responded to that order, but the response fails to demonstrate that the appealed order is final.
Only final orders of the juvenile court may be appealed. D.H. v. People, 192 Colo. 542, 561 P.2d 5 (1977). "A final judgment is one which . . . leaves nothing further to be done by the court pronouncing it concerning the rights of any of the parties to the action." People in the Interest of D.H., 37 Colo. App. 544, 552 P.2d 29 (1976). Hence, the present order is not final because no dispositional hearing has been held.
The situation is analogous to that in People v. People in the Interest of G.L.T., 177 Colo. 196, 493 P.2d 20 (1972), which involved an appeal from an adjudication of delinquency. Because no final dispositional order had been entered, the appeal was dismissed. The rationale of that case is applicable here.
Appeal dismissed.
JUDGE COYTE and JUDGE KELLY concur.