Peo in Interest of KW, 23CA2106

In May 2021, the El Paso County Department of Human Services filed a dependency and neglect petition concerning K.W.'s five children.
K.W. (father) denied the allegations and timely demanded a jury trial for the adjudication; the court set the trial for September 2021.
Father did not appear at the 2021 jury trial, and the juvenile court deemed his right to a jury waived, adjudicated the children dependent and neglected by default, and adopted a treatment plan.
After a later hearing on termination of parental rights began, father successfully moved to set aside the default adjudication under C.R.C.P. 60, citing several procedural errors and ineffective assistance of counsel.
The court held a new (2023) adjudicatory trial but found the prior waiver of a jury extended to the new trial, holding a bench trial over father's objection.
The juvenile court again adjudicated the children dependent and neglected; father appealed on the jury trial issue.

Issue	Father's Argument	Department's/GAL's Argument	Held
Did failure to appear at the first trial waive the right to a jury at the retrial?	Only the missed 2021 trial was waived; a new trial should reset rights.	Prior waiver carried over automatically; 2023 trial was a continuation.	No, the 2023 trial was new; failure to appear in 2021 did not waive jury right for 2023.
Was reassertion of the jury right needed for the 2023 trial?	Father’s original timely demand sufficed, objected at 2023 bench trial.	Father failed to re-demand a jury for the 2023 trial.	No re-demand required; original demand preserved right for new trial.
Was the error in denying a jury trial harmless?	Denial of jury trial at adjudication is substantial reversible error.	Not directly addressed.	Error was not harmless; statutory right to a jury trial is substantial.
Was the objection to the bench trial preserved for appeal?	Yes; timely objected at start of 2023 adjudicatory trial.	No, father should have raised it in his Rule 60 motion.	Objection was timely and sufficient to preserve the issue for appeal.

Troxel v. Granville, 530 U.S. 57 (parents have a fundamental liberty interest in care, custody, and control of their children)
Whaley v. Keystone Life Ins. Co., 811 P.2d 404 (Colo. App. 1989) (the right to a jury trial after demand is an important and substantial one)
Wright v. Woller, 976 P.2d 902 (Colo. App. 1999) (jury trial right after demand may be lost only in circumstances listed in C.R.C.P. 39(a))