2020 CO 11
Colo.2020Background
- Child adjudicated dependent and neglected after birth; placed with maternal relatives. Father admitted need for services; venue transferred to Adams County.
- Father was incarcerated during much of the case; juvenile court approved a treatment plan requiring father to contact the Department and resolve criminal charges.
- At the termination hearing father did not appear (counsel represented father refused a writ); counsel did not request a continuance, made no opening or closing statements, did not cross-examine the Department’s caseworker, and presented no witnesses.
- The juvenile court terminated father’s parental rights based on noncompliance with the treatment plan, lack of contact with the child, and the court’s finding father was unlikely to improve within a reasonable time.
- The court of appeals remanded for an evidentiary hearing on ineffective-assistance claims. On remand the juvenile court found limited deficient performance (failure to request a continuance and to cross-examine) but no prejudice; the court of appeals’ remand prompted Colorado Supreme Court review.
- The Colorado Supreme Court (companion to People in Interest of A.R.) affirmed, holding Strickland governs prejudice in dependency-and-neglect ineffective-assistance claims and that appellate vacatur without remand is permissible in specified circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for prejudice in ineffective-assistance claims in dependency/neglect proceedings | Father: a "fundamental fairness" test (as applied in some COA decisions) should govern | People: Strickland standard applies; fundamental fairness is incorrect | Strickland v. Washington governs; prejudice requires a reasonable probability the result would differ but for counsel’s errors |
| When an appellate court may vacate without remanding for further fact-finding | Father: counsel’s passive conduct (doing nothing) can suffice to vacate without remand | People: remand is appropriate unless record is sufficient or Cronic-level prejudice exists | Appellate vacatur without remand is allowed when the record is sufficiently developed or when Cronic presumptive prejudice is established |
| Whether trial counsel’s courtroom omissions (no opening/closing, no cross-exam, no witnesses) were deficient and prejudicial | Father: counsel was ineffective in multiple respects and prejudice follows | People: either no deficiency or no prejudice given the record and expedited permanency rules | Juvenile court found limited deficiencies but no prejudice under Strickland (and fundamental fairness); Supreme Court affirmed |
| Whether juvenile court abused its discretion in affirming termination after evidentiary hearing | Father: remand evidence showed counsel ineffective and termination should be vacated | People: juvenile court’s findings are supported by the record and should stand | Court held juvenile court did not abuse its discretion; termination affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance requires deficient performance and a reasonable probability of a different result)
- United States v. Cronic, 466 U.S. 648 (presumptive prejudice where counsel is absent or performance so deficient it amounts to no adversary testing)
- Carousel Farms Metro. Dist. v. Woodcrest Homes, Inc., 442 P.3d 402 (Colo. 2019) (standards of review for legal questions)
- People in Interest of C.H., 166 P.3d 288 (Colo. App. 2007) (deference to juvenile court findings; not disturbed if record supports them)