| F. Commencing the Appeal |
| C.A.R. 4(a) People in the Interest of E.A., 638 P.2d 278 ( |
A
notice of
appeal must be filed in the Colorado Court of Appeals within forty-five
days of
the entry of the order. The
time period begins when the order is
entered in the register of actions if the parties are present. If the parties are not
present, it runs from
the date the notice is mailed. The
filing deadline may be extended for up to 30 days upon a showing of
excusable
neglect.
|
| C.R.S. § 19-1-108(5.5) |
An
appeal of
a judgment or order entered by a district court magistrate when consent
is
necessary is appealed pursuant to the Colorado Appellate Rules. Magistrates must provide
notice of such, and
that an appeal may be taken pursuant to C.R.M. 7(b). However, a party may not appeal a juvenile
court magistrate without first petitioning for judicial review.
|
| C.R.M. 7(11) and (12) |
If
timely
review in the district court is not requested, the order or judgment of
the
magistrate becomes the order of judgment of the district court, and an
appeal
may not be taken to the appellate court.
|
| C.A.R. 4(a) | Timely motions for post-trial relief stay the period a party has to file the notice of appeal. |
| C.R.C.P. 59(j) |
The
period
begins to run when the court rules on the motion or at the expiration
of sixty
days if the motion was not ruled upon and is deemed denied.
|
| C.R.S. § 19-3-609(2) M.L.B. v. S.L.J., 519 |
For
termination appeals, court fees are waived for indigent parents, and
they are
entitled to free transcripts.
|
| People
in the Interest of M.N., 950 P.2d 674 ( |
However, parents must prove their indigency at the time of appeal. |
| People
in the Interest of N.N.U., 819 P.2d 1107 ( |
The
court may
revisit the issue if new evidence arises, such as if the parent later
testifies
to being employed. All
parents may have
access to their termination court files.
|
| C.R.S. § 19-3-609(1) |
Appeals
for
custody, termination and adoption orders are expedited. These appeals must be advanced on the Court
of Appeals and Supreme Court calendars.
|
| C.R.S. § 13-8-124 | They must be decided at the earliest practicable time. |
| C.R.S. § 19-1-109(1) and (3) | The goal is to resolve these appeals within six months. |
| People
in the Interest of L.O.L., 197 P.3d 291 ( |
An
appeal of
an order denying a motion to terminate mother’s parental rights becomes
moot
if, after the petition on appeal is filed, the child is returned to the
custody
of the mother.
Appeals often cause delays in achieving permanency for children. Appellate courts are often blamed for causing these delays, though they may be triggered by occurrences at the trial court level. For example, the time for filing a notice of appeal does not begin until the written order is signed, so any delay by the trial court in signing the order delays the appeal. The court should monitor the case to ensure the county attorney files a proposed written order incorporating the court’s oral findings and order. The court can order the county attorney to file the proposed order by a specified date, and have the court clerk monitor the date. |