People in Interest of N.K.S.

2025 COA 100. No. 25CA0285. Juvenile Court—Dependency and Neglect—Termination of the Parent-Child Legal Relationship—Appeals—Guardian ad Litem—Standing—Lack of Jurisdiction.

December 31, 2025

The Rio Blanco Department of Human Services (the department) received a report of domestic violence and substance abuse concerning the parents. The department subsequently removed the children and filed a petition in dependency or neglect. The parents admitted the allegations, and the juvenile court adjudicated the children dependent or neglected. The department later moved to terminate the parents’ parental rights under CRS § 19-3-604(1)(c). Following a hearing, the juvenile court denied the department’s motion because (1) the parents’ conduct or condition was likely to change within a reasonable time and (2) a less drastic alternative to termination might exist. The department chose not to appeal the judgment, but the guardian ad litem (GAL) filed this appeal.

On appeal, the GAL asserted, among other things, that the juvenile court erred by denying the department’s termination motion. In In re People in Interest of R.M.P., 2025 CO 34, the Colorado Supreme Court held that the State is the only party that may prosecute dependency and neglect proceedings. The court of appeals concluded that R.M.P. controls here. Accordingly, it held that when the department declined to appeal juvenile court’s denial of its motion to terminate parental rights, the GAL lacked standing to appeal in the department’s place.

The appeal was dismissed for lack of jurisdiction.