CourtListener 10351539•Peo in Interest of RM
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24CA1588 Peo in Interest of RM 03-06-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA1588
Weld County District Court No. 23JV108
Honorable Anita Crowther, Judge
The People of the State of Colorado,
Appellee,
In the Interest of R.M., a Child
and Concerning K.M.
Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE SCHUTZ
Welling and Kuhn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced March 6, 2025
Bruce T. Barker, County Attorney, David S. Anderson, Assistant County
Attorney, Greeley, Colorado, for Appellee
Jenna L. Mazzucca, Guardian Ad Litem
Michael Kovaka, Office of Respondent Parents’ Counsel, Littleton, Colorado, for
Appellant
¶1 In this dependency and neglect proceeding, K.M. (mother)
appeals the juvenile court’s judgment adjudicating her child
dependent and neglected following a jury trial. We affirm the
judgment.
I. Background
¶2 The Weld County Department of Human Services filed a
petition in dependency and neglect regarding the newborn child.
The petition alleged that mother and the child tested positive for
methamphetamine at birth and that mother continued to struggle
with substance dependence.
¶3 Mother requested a jury trial, which the juvenile court held
over two days. After hearing evidence, the jury adjudicated the
child dependent and neglected pursuant to sections 19-3-102(1)(b),
(c), and (e), C.R.S. 2024 (A child is dependent or neglected if they
lack proper parental care through the actions of omission of the
parent, their environment is injurious to their welfare, or they are
without proper care through no fault of the parent.).
¶4 Mother appeals, arguing that the juvenile court abused its
discretion by allowing evidence that she had an outstanding no-
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bond warrant for her arrest and that she was taken into custody on
that warrant on the first day of the trial.
II. Standard of Review
¶5 We review the juvenile court’s decision to admit evidence for
an abuse of discretion. People in Interest of M.H-K., 2018 COA 178,
¶ 60. A court abuses its discretion if its decision is manifestly
arbitrary, unreasonable, or unfair, or if it misapplies the law.
People in Interest of A.N-B., 2019 COA 46, ¶ 9.
III. Additional Facts
¶6 On the morning of the adjudicatory trial, the parties learned
that mother had a no-bond warrant from another county, and that
she had been taken into custody on that warrant.
¶7 The Department argued that the jury should be informed of
these facts because they were relevant to whether she was available
to parent the child. The court treated the Department’s request as
a motion in limine and agreed to address the issue later in the day.
¶8 After opening statements, during which mother’s counsel
stated that mother will testify and tell the jury that she “was and is
available to parent her child,” the Department again asked that it
be allowed to tell the jury that mother had been arrested and taken
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into custody. The court agreed that mother’s status was relevant to
the question of whether she was available to parent and found it
“more probative than prejudicial given the burden on the
Department.”
¶9 Based on this ruling, the juvenile court provided the following
information and limiting instruction to the jury:
Members of the jury you are about to hear
evidence that [mother] has been taken into
custody on a warrant. You may consider this
evidence as to the question of whether
[mother] is available to parent [the child]. You
shall not consider it for any other purpose.
[Mother] is presumed innocent of any criminal
charges. [She] is set to appear before a judicial
officer tomorrow morning and might be
released at that time.
¶ 10 The caseworker then testified that mother was not available to
take care of the child at the time because she had been arrested.
Mother also testified and confirmed that she had been arrested
related to a recent “domestic” incident occurring with another
child’s father. Mother denied committing any crime and told the
jury she hoped to be released on a personal recognizance bond the
next day.
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¶ 11 The next day, mother was released on a personal recognizance
bond. The Department suggested that the jury should be informed
of this development. The juvenile court agreed and provided the
following information prior to jury deliberations:
I did want the jury to be informed that
[mother] did attend court in Denver this
morning. She has been released on her
recognizance so she is no longer in custody.
IV. Analysis
¶ 12 Mother argues that the juvenile court reversibly erred because
when it ruled on the issue during the afternoon of first trial day, it
did not explain why mother’s “then-current warrant status would
still be relevant to the question of whether she would be able to
provide her son with proper parental care at the time the jury
reached its verdict after the close of evidence.”
¶ 13 But the court informed the jury of mother’s arrest on the day
that it occurred, and the following day before deliberations began,
the court informed the jury that mother had posted bond and was
no longer in custody. We conclude that the trial court did not err
by providing this information to the jury because it was a relevant
consideration in the jury’s assessment of mother’s present and
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future ability to care for the child. See People in Interest of G.E.S.,
2016 COA 183, ¶ 15 (“[A]n adjudication may be based not only on
current or past harm but also on prospective harm.”). A jury may
consider whether it is likely or expected that the child will lack
proper parental care, and such a determination may be based on
the “parent’s past conduct and current circumstances.” People in
Interest of S.N., 2014 COA 116, ¶¶ 15-17. Moreover, mother
implicitly acknowledged the relevance of this evidence by
suggesting, in her opening argument, that she was able to parent
the child at the time.
¶ 14 To the extent that mother asserts on appeal that the juvenile
court should have given further instructions informing the jury
about how to use the information about her arrest once she was
released from custody, we note that she did not ask the court to do
so and, accordingly, we cannot address her contention. See People
in Interest of M.B., 2020 COA 13, ¶ 14 (“[G]enerally appellate courts
review only issues presented to and ruled on by the lower court.”).
¶ 15 Mother also argues that the “unduly prejudicial effect” of the
ruling was clear and the “bell could not be unrung.” But beyond
this type of conclusory assertion, mother does not explain how the
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evidence was more prejudicial than probative or how the court
abused its discretion.
¶ 16 The record shows that the juvenile court instructed the jury
that mother was presumed innocent of the outstanding criminal
charges and that it was to consider her incarceration only with
regard to the question of whether she was available to parent the
child, and nothing more. See People in Interest of A.W., 2015 COA
144M, ¶ 27 (“‘[A]bsent evidence to the contrary, we presume that a
jury follows a [juvenile] court’s instructions.’” (quoting Qwest Servs.
Corp. v. Blood, 252 P.3d 1071, 1088 (Colo. 2011))).
¶ 17 Therefore, the juvenile court did not abuse its discretion by
informing the jury that mother had been arrested and, a day later,
that she had been released from custody.
V. Disposition
¶ 18 The judgment is affirmed.
JUDGE WELLING and JUDGE KUHN concur.
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