People ex rel. S.N-V., 2011 Colo. App. LEXIS 2106

B.A.N. appeals a judgment terminating parental rights to his daughter S.N-V.; the juvenile court terminated after finding unfitness and no less drastic alternative.
The Department sought termination by clear and convincing evidence, alleging reasonable efforts to rehabilitate had failed.
The court found the Department’s reasonable efforts were adequate despite not obtaining a full neuropsychological evaluation for father.
Father argued the Department’s failure to conduct a full neuropsychological evaluation meant services were not appropriately tailored.
The court found the treatment plan appropriate and that services were insufficient to render father fit within a reasonable time.
The appellate decision affirms termination and notes a possible placement with S.N-V.’s paternal aunt as a future option for permanence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether reasonable efforts to rehabilitate were proven.	B.A.N.	Department	Yes; clear and convincing evidence supported reasonable efforts were unsuccessful.
Whether estoppel or forfeiture bars appellate review of reasonable efforts.	B.A.N.	Department	No; estoppel/forfeiture do not bar review in termination proceedings.
Whether no less drastic alternative exists.	B.A.N.	Department	Yes; permanent placement via adoption was appropriate and no less drastic alternative existed.

People in Interest of A.J.L., 243 P.3d 244 (Colo.2010) (credibility and sufficiency review of termination findings; defer to juvenile court on credibility)
People in Interest of M.S., 129 P.3d 1086 (Colo.App.2005) (invited error/waiver considerations in treatment-plan challenges)
People in Interest of B.J.D., 626 P.2d 727 (Colo.App.1981) (treatment-plan appropriateness not defeated by lack of objection)
Santosky v. Kramer, 455 U.S. 745 (U.S.1982) (due process standard and heightened burden in termination hearings)
A.M.D., 648 P.2d 625 (Colo.1982) (clear and convincing standard in termination proceedings)