Following is a transcript

* Update Comments* 4/14/98 4:35 pm

Status: CLSD

District Court, Arapahoe County
Div/Room: M2
Type: Juvenile Relinquishment

In the Interest of Smith, __________

Record Type: EVI

Minute Order (print)

Order: Motion to set aside relinquishment and subsequenst adoption is denied in part and ruling reserved in part. C.R.S. 19-5-104(7)(A) allows a revocation of relinquishment only within 90 days of the entry of the final order of relinquishment and only upon submission by the relinquishing parent of clear and convincing evidence of fraud or duress. The hearing on the petition for relinquishment occurred in this matter on 3-11-96. The 90 days has long since run for revocation. The relinquishing parent has failed to present any clear or convincing evidence of fraud or duress. The relinquishing parent was quite clear in March of 1996 that the prospective adoptive parents might not even be approved for adoption by the court that there was no guarantee who would be raising the child after relinquishment. Rule 60(b) allows a judgement to be set aside on the grounds of fraud within 5 months after the entry of the judgement, again, 6 months has passed since the entry of the judgement. The issue of setting aside the adoption is referred to division 9 for ruling. A copy of this minute order has been sent to counsel for petitioner.