This section contains the nature of the case and procedural background.

D.K. was born five weeks premature and released to his single mother two weeks later. His mother was 24, had another child 18 months older than D.K. and subsisted on no support from the father, ADC of $200 per month and food stamps. A month later, D.K. was admitted to the hospital, and it was discovered that the child had a congenital lung disease, lobar emphysema. D.K. was flown to Denver to remove part of his left lung. After being returned home, a public health nurse brought the child to the hospital with an upper respiratory infection. After removal from the hospital, D.K. was held in custody by the Department of Social Welfare. But the court ordered D.K. to be returned to his mother. Over the next three months, D.K. was taken to the hospital with numerous problems over and over again. D.K. was eventually released to the custody of the County Sheriff with a hearing giving temporary custody to DSW. The court eventually found that D.K. was a neglected child. The mother appealed this ruling.

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