CourtListener 10337501•Peo in Interest of JDC
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24CA1389 Peo in Interest of JDC 02-20-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA1389
City and County of Denver Juvenile Court No. 23JV30377
Honorable Laurie A. Clark, Judge
The People of the State of Colorado,
Appellee,
In the Interest of J.D.C., Jr., a Child,
and Concerning J.D.C.,
Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE TOW
Dunn and Meirink, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced February 20, 2025
Kerry Tipper, City Attorney, Christina R. Kinsella, Assistant City Attorney,
Denver, Colorado, for Appellee
Josi McCauley, Guardian Ad Litem
Lindsey Parlin, Office of Respondent Parents’ Counsel, Denver, Colorado, for
Appellant
¶1 J.D.C. (father) appeals the juvenile court’s judgment
terminating his parent-child legal relationship with J.D.C., Jr. (the
child). Father’s sole contention on appeal is that the court erred in
determining that there were no viable less drastic alternatives to
termination of his parental rights. We affirm.
I. Background
¶2 In June 2023, father brought the three-month-old child to an
emergency room. Hospital staff determined that the child was
substance-exposed and had a skull fracture and other injuries
consistent with abuse. The hospital notified the Denver County
Department of Human Services, which already had an open case
involving the family. The Department sought, and was granted,
temporary protective custody and filed a petition in dependency and
neglect. The child was placed in a foster home for medically fragile
children (medical foster home).
¶3 Father admitted the petition. The court adjudicated the child
dependent or neglected and entered a dispositional order. Later,
the Department moved to terminate father’s parental rights. In
July 2024, nine months after adopting the treatment plan, the
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court terminated father’s parent-child legal relationship
with J.D.C., Jr.
II. Father’s Contention
¶4 Father contends that the juvenile court should have ordered
an allocation of parental responsibilities to either paternal or
maternal grandmother. We perceive no error.
A. Applicable Law
¶5 The juvenile court may terminate parental rights if it finds, by
clear and convincing evidence, that (1) the child has been
adjudicated dependent or neglected; (2) the parent did not comply
with or was not successfully rehabilitated by an appropriate, court-
approved treatment plan; (3) the parent is unfit; and (4) the parent’s
conduct or condition is unlikely to change within a reasonable time.
§ 19-3-604(1)(c), C.R.S. 2024; People in Interest of E.S., 2021 COA
79, ¶ 10. Father does not contest that these statutory criteria were
met.
¶6 Implicit in the statutory criteria for termination is the
requirement that the juvenile court consider and eliminate less
drastic alternatives to termination. People in Interest of M.M., 726
P.2d 1108, 1122 (Colo. 1986). When considering less drastic
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alternatives, the court must base its decision on the best interests
of the child, giving primary consideration to the child’s physical,
mental, and emotional conditions and needs. § 19-3-604(3).
¶7 When deciding whether permanent placement with a relative is
a viable less drastic alternative to termination, the court may
consider various factors, including whether an ongoing relationship
with the parent would be beneficial or detrimental to the child.
People in Interest of A.R., 2012 COA 195M, ¶ 38. “[L]ong-term or
permanent placement with a family member or foster family, short
of termination, may not be a viable less drastic alternative if it does
not provide adequate permanence that adoption would provide or
otherwise meet a child’s needs.” Id. at¶ 41.
¶8 For a less drastic alternative to be viable, it must do more than
“adequately” meet a child’s needs; rather, the less drastic
alternative must be in the child’s best interest. People in Interest of
A.M. v. T.M., 2021 CO 14, ¶ 27. Therefore, if the court considers a
less drastic alternative but finds instead that termination is in the
child’s best interests, it must reject the less drastic alternative and
order termination. Id. at ¶ 32.
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¶9 When the juvenile court considers the availability of a less
drastic alternative and determines that termination of a parent’s
rights would be in the child’s best interests, we are bound to affirm
the court’s decision if its findings are supported by the record.
People in Interest of B.H., 2021 CO 39, ¶ 80.
B. Analysis
¶ 10 Explicitly giving primary consideration to the physical, mental,
and emotional needs of the child, the juvenile court found no less
drastic alternatives to termination. The juvenile court noted that
maternal grandmother had withdrawn her request to be considered
for permanent placement. And the court found that paternal
grandmother’s issues with sobriety and emotional regulation, as
well as her inability to care for the child’s special needs, eliminated
her as a placement option.
¶ 11 The record supports the court’s findings. The initial
caseworker testified that paternal grandmother’s history of
substance use disqualified her from being a placement for the child.
But a placement’s disqualification may be overcome with a
mediation plan and a court order. Thus, the caseworker asked
paternal grandmother to submit to urinalysis and hair follicle tests.
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The test results suggested that paternal grandmother was still
using drugs. The caseworker also had concerns about paternal
grandmother’s mental health. Paternal grandmother’s emotional
presentation was “heightened, and at times explosive.” Ultimately,
the caseworker ruled her out as a placement for the child.
¶ 12 Maternal grandmother, who initially requested placement of
the child, already had five children in her care and also resided with
adult children. And maternal grandmother had “serious medical
complications going on at the time.” The caseworker also ruled her
out as a placement.
¶ 13 After five months, the child’s medical foster home informed the
Department that it was not a permanent placement option. The
parents had identified no other potential placements. The
Department also contacted a cousin, who “was not able to take [the
child].” The Department identified another foster family, but “they
backed out” without explanation.
¶ 14 At that time, the Department again considered maternal
grandmother and paternal grandmother as placement options.
According to the caseworker, maternal grandmother was still not an
available placement option because “one of the boys living in the
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home was having . . . significant behavioral issues,” and “there
[were] a lot of stability issues” for the family. At the time of the
termination hearing, the caseworker understood maternal
grandmother no longer wanted to be considered as a placement
option. Meanwhile, the Department never received confirmation
that paternal grandmother’s mental health had improved. And the
second caseworker opined that that paternal grandmother was not
an appropriate placement for the child at the time of termination.
¶ 15 To the extent that father argues that his ex-partner was a
viable less drastic alternative, we are not convinced. The parents
did not suggest the placement to the Department before the
termination hearing. And a department need not independently
identify and evaluate other placements. See People in Interest of
D.B-J., 89 P.3d 530, 532 (Colo. App. 2005).
¶ 16 The second caseworker opined that there were no viable less
drastic alternatives to termination for the child. She testified that
the child, who had been in foster care for more than a year, had no
bond with either parent. He had ongoing, complicated medical
needs. Moreover, citing similar reasons, the first caseworker
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explained that the child needed the consistency of adoption and
termination was in his best interest.
¶ 17 The court properly considered the child’s physical, mental and
emotional needs and determined that the proposed less drastic
alternatives of either maternal or paternal grandmother did not
provide the stability and permanence that the child needed.
Because these findings are supported by competent evidence in the
record, we will not disturb them.
III. Disposition
¶ 18 The judgment is affirmed.
JUDGE DUNN and JUDGE MEIRINK concur.
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