Peo in Interest of APC
23CA2236
| Colo. Ct. App. | Sep 12, 2024Background
- In July 2022, Denver Department of Human Services filed a dependency and neglect petition after three children tested positive for illegal substances, citing further concerns of physical abuse, homelessness, and parental criminal activity.
- Following parental admissions to the allegations, the juvenile court adjudicated the children dependent and neglected, placed them in foster care, and adopted treatment plans for both parents.
- In June 2023, the Department moved to terminate parental rights; the court held hearings in September and November 2023, ultimately terminating both parents' rights.
- The parents appealed, arguing the Department failed to make reasonable efforts toward rehabilitation and reunification, and that less drastic alternatives to termination were available.
- The appellate court reviewed the factual findings of the juvenile court and the adequacy of services and accommodations provided by the Department.
Issues
| Issue | Parents' Argument | Department's Argument | Held |
|---|---|---|---|
| Reasonable efforts to rehabilitate and reunify | Department failed to make reasonable efforts as required by statute | Provided referrals to services; parents failed to participate | Department met its obligations; record supports juvenile court |
| Accommodations for Mother's Disability (ADA) | Department did not investigate/address mother’s cognitive disability timely | Investigated once aware; referred for cognitive eval | Efforts were reasonable; no evidence of qualifying disability; no error |
| Provision of housing and treatment services (Father) | Should have received more direct assistance with housing and treatment | Provided resources and referrals, no statutory requirement for more | Department met statutory requirements; no error |
| Less drastic alternatives to termination | Department failed to sufficiently investigate relative placement options | Tried to contact relatives and assessed options; no cooperation | Alternatives adequately explored; termination in children’s best interests |
Key Cases Cited
- People in Interest of S.N-V., 300 P.3d 911 (Colo. App. 2011) (Services must support the parent’s treatment plan; totality of circumstances considered)
- People in Interest of J.C.R., 259 P.3d 1279 (Colo. App. 2011) (Parent responsible for utilizing services; unwillingness can weigh against them)
- People in Interest of Z.P., 167 P.3d 211 (Colo. App. 2007) (No less drastic alternative if child needs permanency that only adoption provides)
- People in Interest of D.B-J., 89 P.3d 530 (Colo. App. 2004) (Department must evaluate reasonable placement options identified by parent)