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PEOPLE EX REL. H.

No. 02CA1505.

74 P.3d 494 (2003)

The PEOPLE of the State of Colorado, In the Interest of H., an unborn Child, Upon the Petition of the Fremont County Department of Human Services, Petitioner-Appellant, and Concerning A.H., Respondent-Appellee.

Colorado Court of Appeals, Div. III.

Certiorari Denied August 4, 2003.

Attorney(s) appearing for the Case

Rocco F. Meconi, P.C., Rocco F. Meconi, Joanna K. Smith, Canon City, Colorado, for Petitioner-Appellant.

Priscilla J. Gartner, Pueblo, Colorado, for Respondent-Appellee.

Opinion by Judge ROY.

In this dependency and neglect proceeding concerning A.H. (mother) and her then unborn child, the county appeals a court order dismissing the petition for lack of subject matter jurisdiction. We affirm.

On April 5, 2002, the county filed a petition in dependency and neglect concerning "Unborn Baby Boy H.," whose due date was alleged to be July 27, 2002. The petition further alleged that the child "resided" with mother and that the child...

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