People in re S.L. and A.L
421 P.3d 1207
Colo. Ct. App.2017Background
- In a dependency and neglect proceeding in Rio Blanco County, the Department sought termination of K.L. and L.L.'s parental rights to S.L. and A.L.
- The trial court terminated both parents’ rights after a three-day hearing; parents appealed on multiple grounds.
- A central issue was whether a parent is entitled to counsel during an in camera interview of the children; the court delegated discretion to the trial court.
- The guardian ad litem sought an in camera interview of the nine-year-old twins; interview conducted in chambers and recorded.
- The court affirmed termination, concluding reasonable efforts to reunify were made, and that termination was supported by clear and convincing evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Counsel presence at in camera interview | L.L. argues counsel must be present for due process. | Court may exercise discretion to exclude counsel. | No reversible error; discretion to exclude counsel within range of options. |
| Reasonable efforts to reunify | Parents contend Department failed to make reasonable reunification efforts. | Trial court correctly found reasonable efforts were made. | Reasonable efforts supported; termination proper. |
| Ineffective assistance of counsel | Counsel failed to meet discovery/disclosure deadlines for an expert. | No prejudice shown; expert testimony largely permissible as lay testimony. | No prejudice established; ineffective assistance claim fails. |
| Department's expert disclosures | Department failed to comply with 26(a) disclosures for experts. | Disclosures were sufficiently addressed by stipulations and admissibility. | No abuse of discretion; expert testimony admitted notwithstanding disclosure deficiencies. |
Key Cases Cited
- People in Interest of D.G., 140 P.3d 299 (Colo. App. 2006) (ineffectiveness standard in termination cases)
- People in Interest of S.X.M., 271 P.3d 1124 (Colo. App. 2011) (Sixth Amendment confrontation not controlling in dependency cases)
- People in Interest of A.J.L., 243 P.3d 244 (Colo. App. 2010) (treatment plan appropriateness and reunification considerations)
- People in Interest of C.H., 166 P.3d 288 (Colo. App. 2007) (ineffective assistance framework in termination proceedings)
- People in Interest of D.P., 160 P.3d 351 (Colo. App. 2007) (best interests and parental fitness considerations)