PEOPLE IN INTEREST OF S.N. v. S.N.

Supreme Court Case No. 13SC995.

329 P.3d 276 (2014)

2014 CO 64

The PEOPLE of the State of Colorado, Petitioner IN the INTEREST OF Minor Child: S.N., v. S.N., a/k/a S.S., and M.A.S., Respondents.

Supreme Court of Colorado.

June 30, 2014.


Attorney(s) appearing for the Case

Attorneys for Petitioner: Ben H. Pearlman , County Attorney, Boulder County Attorney's Office, Jeanne P. Bergman , Assistant County Attorney, David E. Hughes , Deputy County Attorney, Ruth Becker , Deputy County Attorney, Boulder, Colorado.

Attorneys for Respondent S.N., a/k/a S.S.: Scott T. Poland , Andrew C. Poland , Lakewood, Colorado.

Attorney for Respondent M.A.S.: Robert A. Lubowitz , Denver, Colorado.

Guardian ad Litem for the Minor Child: Meinster & Associates, PC, J. Barry Meinster , Conifer, Colorado.

Attorneys for Amicus Curiae Colorado Counties, Inc.: Hall & Evans, L.L.C., Thomas J. Lyons , Malcolm S. Mead , Rachel E. Yeates , Denver, Colorado.

En Banc.


JUSTICE BOATRIGHT delivered the Opinion of the Court.

¶ 1 We granted certiorari to consider whether summary judgment is ever appropriate in dependency and neglect adjudications involving prospective harm. The court of appeals held that a trial court can never grant summary judgment in prospective harm cases because reasonable minds can always draw differing inferences from the evidence. We, however, conclude that, when the underlying material facts are...

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