Peo in Interest of NLG
24CA0245
| Colo. Ct. App. | Sep 5, 2024Background
- Las Animas County Department of Human Services investigated E.V. (mother) and J.G. (father) for suspected drug abuse while caring for their two young children, N.L.G. (with spina bifida) and L.G.
- Both children tested positive for controlled substances after the investigation started; previous dependency and neglect cases existed for the family.
- The district court adjudicated the children dependent and neglected and implemented treatment plans for both parents, which included substance abuse and mental health treatment, regular contact, parenting classes, and appropriate housing.
- After about 20 months, the Department moved to terminate parental rights due to parents’ noncompliance and continued unfitness; a magistrate granted termination, upheld by the district court.
- Both parents appealed termination of their parental rights, arguing various procedural and substantive errors, including adequacy of services and less drastic alternatives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Treatment Plan Compliance & Fitness | Mother claims she made reasonable progress or needed more time. | Dept. contends noncompliance and unfitness continued. | Affirmed: Mother not fit in reasonable time |
| Reasonable Efforts by Dept. | Both parents argue Dept. failed to provide appropriate services. | Dept. asserts adequate, diligent efforts with appropriate services. | Affirmed: Efforts were reasonable |
| Appropriateness of Treatment Plan | Mother alleges absence of domestic violence services was an error. | Dept. says no current domestic violence issue; plan appropriate. | Affirmed: Plan appropriate for concerns |
| Less Drastic Alternatives | Both claim alternatives like more time or relatives not considered. | Dept. argues all reasonable alternatives were considered and ruled out. | Affirmed: No viable less drastic alternatives |
Key Cases Cited
- People in Interest of T.E.M., 124 P.3d 905 (Colo. App. 2005) (compliance with a treatment plan must address underlying parental unfitness)
- K.D. v. People, 139 P.3d 695 (Colo. 2006) (purpose of treatment plans is to preserve the parent-child relationship)
- People in Interest of D.B-J., 89 P.3d 530 (Colo. App. 2004) (Department must evaluate reasonable number of placements identified by parent)
- People in Interest of Z.P., 167 P.3d 211 (Colo. App. 2007) (permanency and child's best interests take precedence over less drastic alternatives)
- People in Interest of S.N-V., 300 P.3d 911 (Colo. App. 2011) (reasonableness of Department's efforts assessed based on totality of services offered)