People in Interest of L.S.

CO 3. No. 22SA282. Statutory Interpretation—Dependency or Neglect—Burden of Proof.

January 23, 2023

In this original proceeding, the Supreme Court considered whether the state satisfies its burden of proving that an appropriate treatment plan can’t be devised for a respondent parent in a dependency and neglect case when the state establishes by a preponderance of evidence a single incident resulting in serious bodily injury to the child. The Court concluded that it does. The Court therefore reversed the district court’s order granting mother’s motion for directed verdict and remanded the case for further proceedings.