CourtListener 10599299•Peo in Interest of WW
Texte intégral
24CA2164 Peo in Interest of WW 06-05-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA2164
Boulder County District Court No. 23JV30139
Honorable Thomas F. Mulvahill, Judge
The People of the State of Colorado,
Appellee,
In the Interest of W.W. and R.B., Children,
and Concerning A.B.,
Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE HARRIS
Fox and Schutz, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced June 5, 2025
Ben Pearlman, County Attorney, Cheryl Koh-Sicotte, Assistant County
Attorney, Boulder, Colorado, for Appellee
Josi McCauley, Guardian Ad Litem
Just Law Group, LLC, John F. Poor, Denver, Colorado, for Appellant
¶1 A.B. (mother) appeals the judgment terminating her parent-
child legal relationships with W.W. and R.B. (the children). We
affirm.
I. Background
¶2 The Boulder County Department of Housing and Human
Services filed a petition in dependency or neglect based on mother’s
substance use. The juvenile court adjudicated the children
dependent or neglected. The court then adopted a treatment plan
for mother.
¶3 The Department later moved to terminate mother’s parental
rights. After an evidentiary hearing, held sixteen months after the
filing of the petition, the juvenile court granted the motion and
terminated mother’s parental rights. The children were four and
five years old at the time of termination.
II. Reasonable Efforts
¶4 Mother’s sole contention is that the juvenile court erred in
concluding that the Department made reasonable efforts to
rehabilitate her and reunite the family because the Department
failed to provide family time services. We disagree.
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A. Applicable Law and Standard of Review
¶5 Before a juvenile court may find a parent unfit under section
19-3-604(1)(c), C.R.S. 2024, the department must make reasonable
efforts to rehabilitate the parent and reunify the family.
§§ 19-1-103(114), 19-3-208, 19-3-604(2)(h), C.R.S. 2024.
“Reasonable efforts” means the “exercise of diligence and care” to
reunify parents with their children, and services provided in
accordance with section 19-3-208 satisfy the reasonable efforts
standard. § 19-1-103(114). As relevant here, “[f]amily time services
for parents with children or youth in out-of-home placement” are
required. § 19-3-208(2)(b)(IV).
¶6 Family time services must be provided “as determined
necessary and appropriate by individual case plans” and must “be
designed to . . . [p]romote the immediate health, safety, and well-
being” of children in out-of-home placement. § 19-3-208(2)(a), (b);
see also § 19-3-209, C.R.S. 2024 (requiring an individual case
plan). A department can “satisfy its section 19-3-208(2)(b)(IV)
family time services obligations by making available and providing
appropriate therapeutic family time services . . . even if those
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services don’t successfully result in face-to-face contact because of
continuing risks to the child’s or youth’s health and safety from
such contact.” People in Interest of E.D., 2025 COA 11, ¶ 40.
¶7 A department may not restrict family time services without the
juvenile court’s oversight, and while the court may not delegate
decisions to restrict family time, it may “utilize the services of
experts, such as therapists, and rely on their recommendations . . .
subject to the continuing supervision and review” of the court.
People in Interest of B.C., 122 P.3d 1067, 1070-71 (Colo. App. 2005).
Family time services may be denied if the court finds “that visitation
with the parent would be detrimental to the health and safety of the
child.” People In Interest of E.S., 2021 COA 79, ¶ 23.
¶8 Whether a department satisfied its obligation to make
reasonable efforts is a mixed question of fact and law. People in
Interest of A.S.L., 2022 COA 146, ¶ 8. We review the juvenile
court’s factual findings for clear error and review de novo its legal
determination based on those findings. Id.
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B. Additional Background
1. Initial Family Time
¶9 At the shelter hearing, the juvenile court ordered the
Department to provide three hours of supervised family time per
week, and the first visit was scheduled for the following day.
Mother cancelled the visit. The Department then attempted to
provide two virtual visits, but mother cancelled both visits. Mother
first participated in virtual family time with the children one month
after the shelter hearing. Mother then cancelled a visit and the
children refused to join the next visit.
2. First Suspension
¶ 10 Two months after the shelter hearing, based on the
Department’s and guardian ad litem’s recommendation, the juvenile
court suspended family time because the children were fearful of
mother. The court found that the older child had a strong reaction
to contact with mother and said that “he does not want to attend
the virtual visit.” The court recognized “that in-person family time
is very important” but suspended visits to allow the Community
Infant Program (CIP) to work with the family and make
recommendations regarding family time.
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¶ 11 After reviewing the CIP’s assessment approximately two weeks
later, the juvenile court ordered that family time with the older child
be “temporarily paused to assess [the child’s] emotional needs,
provide focused mental health/trauma treatment and to create a
plan for visits where [the child] can feel safe and have increased
ability to access support from all caregivers.” The court then
ordered mother “to work closely with CIP to support [the child] so
that family time can resume as soon as possible.” Regarding the
younger child, the court ordered mother to have one virtual visit,
then in-person visits could commence.
3. Continued Court Oversight
¶ 12 The juvenile court reviewed the status of family time services
regularly and within two months of the suspension, mother began
having in-person visits with both children.
¶ 13 Around this time, the parties agreed to a schedule for
in-person visits. But mother did not attend the first four scheduled
in-person visits. Mother missed visits, in part, because she was
admitted to the emergency room due to an overdose. At the next
hearing, the court ordered mother to meet with the CIP therapist
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working with the family1 and create a narrative so the children
could understand her absence.
4. Second Suspension
¶ 14 After mother met with the CIP therapist to create the narrative,
but before visits resumed, the juvenile court again suspended
family time. The court found that it was “necessary to protect the
children’s mental and emotional health.”
¶ 15 The court ordered that to resume family time, mother had to
(1) attend three consecutive meetings with the caseworker at the
same time and place as her scheduled family time; (2) engage
consistently in recommended individual treatment; and (3) work
with the CIP therapist to create an accurate and developmentally
appropriate narrative for the children to explain her absences.
¶ 16 Within a month, the court reviewed mother’s compliance.
Mother had not attended three consecutive visits with the
caseworker; she had tested positive for alcohol and
methamphetamine; and she had violated the rules of her treatment
1 The CIP contact person was Kendra Kohlhaas. Kohlhaas was the
CIP program manager but also served as a therapist. We refer to
her as the CIP therapist.
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facility, potentially jeopardizing her stay there. The court reaffirmed
the requirements mother had to fulfill to resume family time.
¶ 17 Over the next six months, the court held four more hearings to
review mother’s compliance, but mother did not appear at any of
the hearings. Mother’s last contact with the caseworker was
approximately seven months prior to the termination hearing. And
mother’s last contact with the children was nearly one year before
the termination hearing.
C. Analysis
¶ 18 The juvenile court concluded that the Department provided
reasonable efforts, including supervised family time. As noted, the
Department scheduled a family time orientation and an emergency
visit to occur the day after the shelter hearing, but mother cancelled
the visit. The Department offered five additional virtual visits, but
mother only attended one; the children refused to attend the last
visit, and mother cancelled the rest.
¶ 19 Thereafter, as the juvenile court regularly reviewed the status
of family time, the Department arranged, and mother attended:
• four virtual visits with the younger child;
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• one virtual visit with both children;
• one in-person visit with the younger child;
• one in-person visit with the older child; and
• two in-person visits with both children.
¶ 20 The Department then scheduled four additional in-person
visits for which mother did not appear.
1. Concerns About the Children’s Health and Safety
¶ 21 First, mother argues that the juvenile court erroneously
withheld family time based on “largely speculative concerns about
the possible impact of family time.”
¶ 22 The court found that the children’s health and safety required
suspension of family time. For example, the court first suspended
family time because it found that the older child was afraid and
“pitching a pretty big fit” in response to family time. When the
court suspended family time for the second time, it found that
mother’s lack of consistency in treatment and sobriety was “clearly
evident with the children,” as demonstrated by “a five-year-old who
is self-harming.” The record supports the court’s findings:
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• The CIP therapist testified that the older child was
diagnosed with trauma-related disorder (because of his
trauma history with mother) and post-traumatic stress
disorder. And he exhibited a stress response at the
suggestion of contact with mother. The level, duration,
and difficulty of mitigating this response suggested that
he experienced an “intolerable to toxic” level of stress.
• The CIP therapist next testified that the older child said
that he was afraid to visit mother and in response to even
the idea of contact, he would engage in “significant self-
harm behaviors,” a response the therapist opined was
“extremely atypical.”
• The CIP therapist also testified that there were
“significant concerns” about the younger child’s contact
with mother, even though his behaviors “weren’t as
explicit” as the older child. The younger child’s behaviors
after family time indicated “signs of stress or that his
little system was overwhelmed.” His energy was “ramped
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up,” he had a hard time sleeping, he was agitated, and he
acted out at school.
• The CIP therapist confirmed that it was unusual to
require a parent to be sober for visits to occur, but it was
necessary for the children’s well-being. Even if mother
was not intoxicated during a visit, she presented
differently during periods of substance use. After long
periods of sobriety, mother looked well rested, she did not
fidget or shake, she could hold a conversation, and she
could maintain eye contact. But if mother appeared to
the children like she was using, it “could be
psychologically damaging” and would be a
“retraumatizing experience” for them.
• At times, mother acknowledged to the CIP therapist that
she was not in a good place and that the children should
not see her unless she was healthy and sober.
¶ 23 Mother contends that the older child’s behavioral issues were
not caused by contact with her because his behaviors continued
after family time ended. But the juvenile court found, with record
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support, that when mother stopped attending family time, the
children’s behaviors and emotions stabilized. In particular, the CIP
therapist testified that the older child stopped self-harming and the
younger child was able to “establish a routine around sleeping and
taking care and calming his body and being able to be at school.”
¶ 24 Given this evidence, we conclude that the juvenile court
suspended family time based on legitimate concerns for the
children’s health and safety.
2. Preconditions on Family Time
¶ 25 Mother next contends that the preconditions the juvenile court
imposed were more burdensome than necessary to protect the
children’s health and safety.
¶ 26 The record shows that the court regularly held hearings to find
a balance between the children’s safety and the burdens placed on
mother, finding at one point that “I’ve peeled away as many of the
requirements as I feel like I can and safely let these children have
time with their mom.” The court recognized that some of the
requirements placed on mother were not typical but were necessary
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given the “unique” nature of the case, including a young child
engaging in self-harm.
¶ 27 In trying to find a balance, the court relied on expert
recommendations to determine whether certain preconditions were
necessary. See B.C., 122 P.3d at 1071 (the court may “utilize the
services of experts, such as therapists, and rely on their
recommendations concerning a variety of issues, including
visitation plans”). For example, the CIP therapist recommended
that, given the older child’s negative reactions, mother needed to
demonstrate sobriety before re-engaging in family time, participate
in substance abuse treatment, and later create an accurate and
developmentally appropriate narrative for the children.
¶ 28 The CIP therapist also recommended that mother meet with
the caseworker three consecutive times prior to visits resuming.
The caseworker testified that the purpose of this requirement was
for mother to demonstrate that she could maintain a consistent
schedule for the children, which is why these visits were to occur at
the same time and place as the eventual family time visits. When
asked about this requirement, the CIP therapist testified that it is
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difficult for a child if a parent does not show up, “[b]ut actually,
what’s even harder or more challenging for a young child is when
there’s not consistency or predictability in a parent showing up for
visits.” And the lack of consistency was “psychologically damaging”
and “retraumatizing for these children in particular.”
¶ 29 To the extent that mother argues preconditions on family time
“were difficult if not impossible given the barriers” she was facing,
including that she was unhoused, lacked consistent means of
communication or transportation, and “otherwise lacked
meaningful support systems,” the court found that the Department
offered many services to assist mother. Namely, the court found,
with record support, that “[t]he family has been offered a number of
services and supports, including but not limited to: assessments;
individual and group mental health and substance abuse
treatment; withdrawal management; in-patient treatment; sober
living support; supervised family time; parent coaching; the
Community Infant Program; substance use monitoring; assistance
with housing and financial supports; early intervention evaluations;
transportation assistance; and ongoing caseworker support
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including coordination with the providers working with the family.”
As discussed above, the Department offered family time services
and assistance from the CIP therapist. Additionally, the
Department, among other things, (1) made referrals for mental
health services; (2) coordinated substance use services, including
detox, in-patient treatment, monitoring, and sober living; (3) offered
transportation services such as Lyft/Uber, gas cards, and bus
passes; and (4) attempted to work with mother on a housing
voucher.
¶ 30 The record illustrates that the preconditions imposed by the
juvenile court were not overly burdensome and were necessary to
protect the children’s health and safety.
D. Conclusion
¶ 31 To be sure, a reasonable efforts finding ordinarily requires the
department to facilitate in-person family time between a parent and
the children. But considering the entire record, we cannot say that
the juvenile court erred by restricting family time in this unusual
case. Because the record supports the conclusion that the
Department made reasonable efforts to provide family time services,
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we will not disturb the juvenile court’s findings and legal
conclusions.
III. Disposition
¶ 32 The judgment is affirmed.
JUDGE FOX and JUDGE SCHUTZ concur.
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