People in Interest of R.M.P.

2025 CO 34. No. 25SA78. Dependency and Neglect—Dependency and Neglect Proceedings and Procedure—Standing—Parens Patriae—Non-State Parties in Dependency and Neglect Proceedings—Counsel for Youth—Guardian ad Litem—People in Interest of R.E.

June 2, 2025

The supreme court reaffirmed that the State, through its parens patriae authority, is the exclusive party that may prosecute dependency and neglect petitions. C.W.B., Jr. v. A.S., 2018 CO 8, ¶ 22, 410 P.3d 438, 444 (citing McCall v. District Court, 651 P.2d 392, 394 (Colo. 1982)). Thus, the court held that a child may not, either through a guardian ad litem or a counsel for youth, prosecute a dependency and neglect petition against the child’s parent when the State has determined that the petition should be dismissed. In reaching this conclusion, the court overruled People in Interest of R.E., 729 P.2d 1032 (Colo.App. 1986). Because the juvenile court in this case denied the State’s motion to dismiss and allowed a counsel for youth to prosecute the dependency and neglect petition, the court made the order to show cause absolute and remanded the case with instructions to dismiss the petition.