26CA0536•Peo in Interest of RN
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26CA0536 Peo in Interest of RN 10-15-2026 COLORADO COURT OF APPEALS Court of Appeals No. 26CA0536 City and County of Denver Juvenile Court No. 24JV31024 Honorable Lisa Gomez, Judge The People of the State of Colorado, Appellee, In the Interest of R.N., a Child, and Concerning S.T.C., Appellant, and D.N., Appellee JUDGMENT AFFIRMED Division V Opinion by JUDGE LUM Freyre and Grove, JJ., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced October 15, 2026 Miko Brown, City Attorney, Christina R. Kinsella, Assistant City Attorney, Denver, Colorado, for Appellee The People of the State of Colorado Josi McCauley, Counsel for Youth, Superior, Colorado, for R.N. The Morgan Law Office, Kristofr P. Morgan, Colorado Springs, Colorado, for Appellant Robin Tieman, Office of Respondent Parents’ Counsel, Boulder, Colorado for Appellee D.N.
1 ¶ 1 S.T.C. (mother) appeals the juvenile court’s judgment allocating parental responsibilities for R.N. (the youth) to D.N. (father). We affirm. I. Background ¶ 2 In 2024, Denver Human Services (the Department) received multiple referrals raising concerns about the youth’s safety in mother’s home. After the third referral and mother’s refusal to accept services, the Department filed a petition in dependency or neglect, alleging that mother and her boyfriend had physically abused the youth. ¶ 3 Mother requested an adjudicatory jury trial, and the jury returned special verdicts finding that the youth was dependent or neglected. The court then adjudicated the youth dependent or neglected and adopted a treatment plan for mother.1 Father agreed to, and the court adopted, a stipulated deferred adjudication and treatment plan. 1 Mother appealed the adjudication, and a division of this court affirmed. People in Interest of R.C.N., (Colo. App. No. 25CA1317, Feb. 12, 2026) (not published pursuant to C.A.R. 35(e)).
2 ¶ 4 Almost a year after the Department filed the petition, father and the counsel for youth filed a joint motion and asked the court for an allocation of parental responsibilities (APR) to father. The court held a contested hearing and entered an order allocating parental responsibilities (APR judgment) to father. The court allocated sole decision-making responsibility to father, limited mother’s parenting time to virtual contact, and limited mother’s access to the youth’s medical and education information. II. Applicable Law A. APR ¶ 5 A juvenile court may enter an order allocating parental responsibilities and addressing parenting time when it maintains jurisdiction in a case involving a child who is dependent or neglected. § 19-1-104(5)-(6), C.R.S. 2026; People in Interest of E.Q., 2020 COA 118, ¶ 10. When allocating parental responsibilities in a dependency or neglect proceeding, the court must consider the legislative purposes of the Children’s Code under section 19-1-102, C.R.S. 2026. People in Interest of C.M., 116 P.3d 1278, 1281 (Colo. App. 2005). The overriding purpose of the Children’s Code is to protect a child’s welfare and safety by providing procedures through
3 which the child’s best interests can be served. L.G. v. People in Interest of K.G., 890 P.2d 647, 654 (Colo. 1995). Therefore, the court must allocate parental responsibilities in accordance with the child’s best interests. L.A.G. v. People in Interest of A.A.G., 912 P.2d 1385, 1391 (Colo. 1996); see also People in Interest of H.K.W., 2017 COA 70, ¶ 13 (while the court may consider the factors listed in the Uniform Dissolution of Marriage Act, section 14-10-124, C.R.S. 2026, including the child’s wishes if he is sufficiently mature, the focus must be on the protection and safety of the child and not the custodial interests of the parents). B. Standard of Review ¶ 6 Allocating parental responsibilities is within the juvenile court’s discretion. In re Parental Responsibilities Concerning B.R.D., 2012 COA 63, ¶ 15. A court abuses its discretion when its decision is manifestly arbitrary, unreasonable, or unfair or based on a misapplication of the law. People in Interest of M.W., 2022 COA 72, ¶ 12. The court, as the fact finder, determines the sufficiency, probative effect, and weight of the evidence, and assesses the credibility of witnesses. People in Interest of A.J.L., 243 P.3d 244, 249-50 (Colo. 2010). When the court’s factual findings have record
4 support, its resolution of conflicting evidence is binding on appeal. B.R.D., ¶ 15. III. Analysis A. Reasonable Efforts for Family Time ¶ 7 Mother asserts that section 19-3-208(2)(b)(IV), C.R.S. 2026, requires the Department to provide her with family time services. She contends that, despite the court authorizing her to have family time as part of her treatment plan, the Department didn’t facilitate family time or family therapy with the youth, which she asserts infringed on her constitutional right to parent and denied her “the opportunity to show that she could safely exercise family time.” ¶ 8 To the extent that mother argues that the Department failed to make reasonable efforts to provide her with family time, the court wasn’t required to consider that because it allocated parental responsibilities between parents, not a nonparent. Cf. People in Interest of A.S.L., 2022 COA 146, ¶ 20 (holding that the court is required to consider reasonable efforts when it enters an APR to a nonparent). Mother provides no authority, and we are aware of none, requiring a court to find that reasonable efforts have been
5 made before allocating parental responsibilities between two parents. ¶ 9 Furthermore, mother had an active protection order that prohibited her from having contact with the youth for seven months after the Department filed the petition.2 And after the protection order was modified to allow contact between mother and the youth for mother’s family time objective, the youth refused to attend family time or family therapy with mother. Mother doesn’t explain, and we can’t discern, what more the Department could or should have done to facilitate family time under these circumstances. B. Parenting Time Ordered in the APR Judgment ¶ 10 Next, mother asserts that the court infringed on her fundamental liberty interest in parenting the youth by “effectively end[ing] her parental role through [an] overly restrictive APR [judgment].” We disagree. ¶ 11 First, although the court limited mother’s parenting time, it did not — as mother asserts — end her parental role. Unlike a 2 The protection order was issued in a criminal case in which mother was charged with, among other things, child abuse against the youth. At the time of the APR hearing, the child abuse case remained pending.
6 termination of a parent-child legal relationship, the APR judgment here allows mother to ask for a modification in the future. L.L. v. People in Interest of R.W., 10 P.3d 1271, 1277 (Colo. 2000) (recognizing that an APR order isn’t a termination of parental rights); cf. § 19-1-103(139), C.R.S. 2026 (defining the termination of the parent-child relationship as “the permanent elimination by court order of all parental rights and duties”); see also People in Interest of M.R.M., 2021 COA 22, ¶ 38 (“[A]ll orders concerning parenting time and decision-making responsibility may be modified if a sufficient showing is made that circumstances warrant a change.”). ¶ 12 Second, the court didn’t abuse its discretion by limiting mother’s parenting time to virtual visits and allocating sole decision-making to father. The court found, among other things, that the youth suffered physical and emotional abuse while he was in mother’s care and custody and that mother posed a substantial risk to the youth’s emotional and physical health. These findings have record support. ¶ 13 A doctor who performed two medical exams on the youth on two separate occasions testified that she diagnosed the youth with
7 child physical abuse in November and December 2024. The November incident involved mother’s boyfriend hitting the youth in the face, and the December incident involved mother forcibly cutting the youth’s hair.3 The doctor said that the youth had abrasions on his scalp and bruises on his arms from the forcible haircut. Furthermore, she opined that forcible haircutting was a form of psychological or emotional abuse. Mother denied forcibly cutting the youth’s hair and said that the hospital shaved the youth’s hair. She did admit, however, that she “whooped [the youth’s] ass” in 2022. ¶ 14 The youth, who was fourteen years old when he testified, said he wanted to live with father. When asked if he wanted to live with mother, he responded “no” because “she abuses me and stuff.” He further described the interactions that he had with mother during family team meetings throughout the case as “not great” because mother was angry and didn’t show any improvement. Ultimately, 3 The doctor testified that this was the second time in one year that mother had forcibly cut the youth’s hair. Earlier that year, the youth told a different doctor that mother had cut his hair in the shape of a “V,” which stood for “vagina.” The youth alleged that mother called him “a pussy.”
8 the youth confirmed that he didn’t want to have any contact with mother. ¶ 15 Given this record, the juvenile court didn’t abuse its discretion by concluding that it was in the youth’s best interests to limit mother’s parenting time to virtual contact and grant father sole decision-making responsibility. B.R.D., ¶ 15. IV. Disposition ¶ 16 The judgment is affirmed. JUDGE FREYRE and JUDGE GROVE concur.
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