Peo in Interest of EJMH, 24CA1410

In September 2022, El Paso County Department of Human Services filed a dependency and neglect petition regarding E.J.M.H., a newborn who tested positive for marijuana and methamphetamine at birth.
The mother, K.H., had significant substance abuse issues and had recently been diagnosed with advanced cancer, requiring extensive treatment during the proceedings.
The child was placed in foster care, and K.H. agreed to a deferred adjudication with a treatment plan addressing substance abuse, parenting skills, and self-sufficiency.
Mother requested and received reasonable ADA accommodations to her treatment plan, including flexibility around urinalysis, transportation support, and virtual visitation options.
After twenty-two months, the court terminated mother's parental rights, finding persistent non-compliance with the plan despite accommodations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether reasonable efforts (with ADA accommodations) were made	Dept. failed to make adequate ADA accommodations	Reasonable efforts and accommodations were provided	Reasonable efforts found
Whether mother should have been given more time	Medical condition delayed compliance, more time needed	Twenty-two months passed; child's need for permanency	More time not warranted
Whether less drastic alternatives to termination existed	Case could remain open or alternative placements considered	No viable less drastic alternative consistent with child’s best interests	No less drastic alternative existed
Adequacy of court’s analysis on less drastic alternatives	Court overlooked alternatives and bonding	Considered alternatives and found none appropriate	Court’s findings affirmed

People in Interest of S.N-V., 300 P.3d 911 (Colo. App. 2011) (outlines necessity of reasonable efforts and consideration of less drastic alternatives in parental termination)
K.D. v. People, 139 P.3d 695 (Colo. 2006) (clarifies reasonable time to comply with treatment plans)
People in Interest of M.M., 726 P.2d 1108 (Colo. 1986) (termination orders require consideration of less drastic alternatives)