J.C.T. v. THREE AFFILIATED TRIBES

No. 05CA1065.

155 P.3d 452 (2006)

In the Matter of J.C.T., a minor child, and C.A.H., Petitioner-Appellant, v. THREE AFFILIATED TRIBES, Intervenor-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 26, 2006.


Attorney(s) appearing for the Case

Paula C. Young, Guardian Ad Litem.

Holme, Roberts, & Owen, LLP, Richard L. Gabriel, Timothy M. Reynolds, David A. Tonini, Denver, Colorado, for Petitioner-Appellant.

American Indian Law Clinic, Jill E. Tompkins, Boulder, Colorado, for Intervenor-Appellee.


Opinion by Judge ROTHENBERG.

C.A.H. appeals the probate court order denying her petition for permanent guardianship of J.C.T., a minor. The issue in this case is whether the probate court exceeded its subject matter jurisdiction during proceedings involving J.C.T.'s guardianship by conducting what amounted to a de facto adoption proceeding. Because we conclude the probate court exceeded its jurisdiction by exercising jurisdiction that is exclusively vested in the...

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