The People of the State of Colorado, Petitioner-Appellee, In the Interest of K.G. and A.R., Children, and Concerning G.G., Respondent-Appellant.
Issued November 8, 2017
District Court No. 15JV270 Honorable Valerie J. Robison,
Patrick Coleman, County Attorney, Katherine A. Barnes,
Assistant County Attorney, Grand Junction, Colorado, for
Kent, Guardian Ad Litem.
Finkelstein Attorney at Law, P.C., Leo L. Finkelstein,
Colorado Springs, Colorado, for Respondent-Appellant.
Furman, Ashby, and Welling, JJ.
ORDER OF LIMITED REMAND
1 In this dependency and neglect proceeding, mother, G.G.,
appeals the district court's order allocating parental
responsibilities regarding her children, K.G. and A.R.
Because the proceeding did not comply with the inquiry and
notice requirements of the Indian Child Welfare Act of 1978
(ICWA), 25 U.S.C. §§ 1901-1963 (2012), we remand
the case for further proceedings.
2 The district court adjudicated the children dependent and
neglected in the summer of 2015. The Mesa County Department
of Human Services (Department) placed the children with their
maternal aunt and uncle, where they remained throughout the
3 In February 2016, the Department moved for an allocation of
parental responsibilities to the aunt and uncle. As grounds,
the Department cited mother's inadequate compliance with
her treatment plan, the incarceration of A.R.'s father,
and the concession by K.G.'s father that he could not
care for K.G. The district court granted the motion in August
4 The court did not address the applicability of ICWA before
it entered its order allocating parental responsibilities.
Neither the court nor the Department thoroughly inquired
whether the children were Indian children. And, although the
record indicates that the Department had reason to know at
least one of the children might be an Indian child, there is
no indication that the Department sent notice to the
5 But an allocation of parental responsibilities that removes
an Indian child from the child's parent or Indian
custodian is subject to ICWA. Therefore, we remand the case
to the district court to conduct further proceedings to