PURSUANT TO FAMILY COURT ACT S 307.1 TRIAL

Resolution of the issues raised by the appellants requires examination of several sections of the Act and relevant regulations adopted by the Department.

PURSUANT TO FAMILY COURT ACT S 307.1 TRIAL

The appellants have appealed the trial court's judgment. The trial court also determined that the Act did not unduly restrict those liberty interests and that the Act was not unconstitutionally vague. The trial court concluded that the appellants failed to establish any constitutionally cognizable property interests, but that some of them had established protected liberty interests. The trial court granted the Department's motion. On the basis of these stipulated facts, the appellants filed a brief with the trial court supporting their argument that the Act violated constitutional standards and the Department filed a motion for summary judgment. Whitcomb had his daughters present during intercourse with his wife and on his daughters' statements that they were sexually abused by their father.' Criminal abuse charges against Whitcomb and a dependency and neglect proceeding in which he was involved were dismissed, and the report was ultimately expunged from the registry because all parties felt that it was in the best interests of the children not to proceed to hearing. and had sexually explicit material in his home' and the Department's statement that 'the report was based on allegations that Mr. The stipulation of facts contains a statement by Whitcomb that his name was *303 placed on the registry in 1985 'based on reports that he bathed with his daughters. An administrative law judge determined that the conduct constituted appropriate father/son activity in view of Zook's religious and cultural background and ordered the report expunged from the registry. Zook's name appeared on the registry as a result of a report of his conduct with respect to a teenage boy. Criminal charges filed against Hannah were later dismissed prior to trial and Hannah's name was expunged from the registry. Hannah's name was placed on the registry as the result of a report of sexual abuse on a child stemming from allegations made by Hannah's mother-in-law. The director expunged the report from the registry prior to an administrative hearing. Gabriel's name appeared on the registry as the result of a report by his step-daughter that he had sexually abused her. Criminal charges against Dickerson were dismissed and the registry report was expunged prior to an administrative hearing. Urias requested the director to expunge a report that Urias had repeatedly sexually assaulted Urias' niece and did not seek administrative review of the director's denial of that request.Дickerson's name appeared on the registry as the result of a report that she had physically abused her daughter. The administrative law judge affirmed the director's decision not to expunge the report from the registry.

Although no criminal charges were filed against Watso, an administrative law judge found substantial evidence that Watso had sexually assaulted and physically abused his adopted daughter. With the exception of Watso and Urias, each appellant's name was ultimately expunged from the registry. The parties submitted the following pertinent stipulated facts in the course of the proceedings.Д®ach named appellant was at some time listed on the Central Registry for Child Protection (the registry) as a perpetrator of sexual or physical abuse of a child as the result of a report made to a county department of social services or a local law enforcement agency. The appellants filed a civil action against the Department on July 1, 1988, seeking a declaration that the Act deprived them of rights protected by the due process clauses of the United States and Colorado Constitutions and requesting an injunction prohibiting enforcement of its provisions by the Director of the Department (the director).

(1988 Supp.), did not violate federal or state constitutional guarantees of procedural due process of law and were not unconstitutionally vague. The trial *302 court concluded that, contrary to the appellants' allegations, certain provisions of the Child Protection Act of 1987 (the Act), В§В§ 19-3-301 to -316, 8B C.R.S. Whitcomb (hereafter collectively referred to as the appellants), appeal the trial court's order granting a motion for summary judgment filed by appellee, the Colorado Department of Social Services (the Department), in this civil action for declaratory and injunctive relief. Watso, Clark Gabriel, Michael Hannah, Sr., Irwin Zook, Edward T. Justice KIRSHBAUM delivered the Opinion of the Court.ДЄppellants, Jack M.

Stayton, Denver, for plaintiffs-appellants. *301 Stayton, Dole & Simpson, P.C., Rowe P.

Whitcomb, Plaintiffs-Appellants,Д¬OLORADO DEPARTMENT OF SOCIAL SERVICES, Defendant-Appellee. WATSO, Clark Gabriel, Michael Hannah, Sr., Irwin Zook, Edward T.

Pursuant to family court act s 307.1