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IN RE PEOPLE EX REL. A.H.

No. 09SA22.

216 P.3d 581 (2009)

In re the PEOPLE of the State of Colorado, In the Interest of Minor Child A.H., El Paso County Department of Human Services, Petitioner and Concerning A.P., G.H., R.H., and G.H., Respondents.

Supreme Court of Colorado, En Banc.

September 14, 2009.

Attorney(s) appearing for the Case

Davide C. Migliaccio, Colorado Springs, CO, Attorney for Respondent G.H.

Office of the El Paso County Attorney, William Hobbs Louis, El Paso County Attorney, John A. Thirkell, Chief Deputy County Attorney, Colorado Springs, CO, Attorneys for the El Paso County Department of Human Services.

Susan L. Mueller, P.C., Susan L. Mueller, Colorado Springs, CO, Attorneys for Respondent A.P.

Nancy J. Walker-Johnson, Monument, CO, Guardian ad litem.

Chief Justice MULLARKEY delivered the opinion of the court.

I. Introduction

This original proceeding pursuant to C.A.R. 21 was brought by the father of A.H., a minor child who is the subject of a dependency and neglect case pending in the El Paso County District Court. The father claims that the district court wrongfully denied him custody of A.H. after the Department of Human Services ("DHS") failed to prove at trial that he was an unfit parent and he was...

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