CourtListener 10767685•Peo in Interest of JJL
Texte intégral
25CA1109 Peo in Interest of JJL 12-31-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA1109
City and County of Denver Juvenile Court No. 23JV30285
Honorable Elizabeth McCarthy, Judge
The People of the State of Colorado,
Appellee,
In the Interest of J.J.L., a Child,
and Concerning V.A.L. a/k/a V.A.B.,
Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE SCHOCK
Harris and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced December 31, 2025
Miko Brown, City Attorney, Christina R. Kinsella, Assistant City Attorney,
Denver, Colorado, for Appellee
Josi McCauley, Guardian Ad Litem
Michael Kovaka, Office of Respondent Parents’ Counsel, Littleton, Colorado, for
Appellant
¶1 V.A.L. (mother) appeals the judgment terminating her parent-
child relationship with J.J.L. (the child). She contends that the
juvenile court erred by determining that she was not fit and not
likely to become fit within a reasonable period of time. We affirm.
I. Background
¶2 The Denver Department of Human Services (the Department)
filed a petition in dependency and neglect based on concerns about
domestic violence and mother’s substance dependence.
¶3 The juvenile court adjudicated the child dependent or
neglected and entered a treatment plan for both parents. About a
year later, the Department moved to terminate both parents’
parental rights. But because mother was making progress toward
establishing sobriety, the Department withdrew the motion.
¶4 A month later, the child’s guardian ad litem moved to
terminate mother’s (and father’s) parental rights. After a four-day
hearing, the juvenile court terminated both parents’ parental rights,
concluding, as relevant here, that mother was not fit to parent the
child and was not likely to become fit within a reasonable time.
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II. Fitness
¶5 Mother contends that the juvenile court erred by finding that
she was an unfit parent and was unlikely to become a fit parent
within a reasonable period of time. We disagree.
A. Applicable Law and Standard of Review
¶6 To terminate a parent-child legal relationship, the juvenile
court must find by clear and convincing evidence that (1) the child
has been adjudicated dependent and neglected; (2) the parent has
not reasonably complied with an appropriate, court-approved
treatment plan or the plan has not been successful; (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. 2025.
¶7 A parent is unfit if their conduct or condition renders them
unable or unwilling to give their child reasonable parental care.
People in Interest of D.P., 160 P.3d 351, 353 (Colo. App. 2007).
Reasonable parental care requires, at a minimum, that the parent
provide nurturing and safe parenting sufficiently adequate to meet
the child’s physical, emotional, and mental needs and conditions.
People in Interest of A.J., 143 P.3d 1143, 1152 (Colo. App. 2006).
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¶8 When deciding whether a parent’s conduct or condition is
likely to change within a reasonable time, the juvenile court may
consider whether any change has occurred during the proceeding,
the parent’s social history, and the chronic or long-term nature of
the parent’s conduct or condition. People in Interest of S.Z.S., 2022
COA 133, ¶ 24. What constitutes a reasonable time is fact-specific
and must be determined by considering the physical, mental, and
emotional conditions and needs of the child. Id. at ¶ 25.
¶9 But a “reasonable time” is not an indefinite time. Id. And
even when a parent has made progress on a treatment plan, the
court is not required to give the parent additional time to become
fit. See id. at ¶¶ 24-25. In addition, when, as in this case, the child
is under six years old when the petition is filed, the action is subject
to the expedited permanency planning provisions and the court
must place the children in a permanent home as expeditiously as
possible. See id. at ¶ 25; §§ 19-1-102(1.6), 19-1-123, C.R.S. 2025.
¶ 10 Whether the juvenile court properly terminated parental rights
is a mixed question of fact and law. People in Interest of A.M. v.
T.M., 2021 CO 14, ¶ 15. We review the court’s factual findings for
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clear error, but we review de novo its legal conclusions based on
those facts. People in Interest of S.R.N.J-S., 2020 COA 12, ¶ 10.
B. Analysis
¶ 11 The juvenile court found that mother was unfit, in that she
was “unable or unwilling to offer nurturing and safe parenting
adequate to meet [the child’s] needs.” In so finding, the court
recognized that, at times during the two-year case, mother had
shown sobriety and “worked diligently” on components of her
treatment plan. But at the time of the termination hearing, mother
was no longer in compliance with the objectives of the plan.
¶ 12 The court found that mother had relapsed in the months
before the termination hearing, twice testing positive for ingestion of
fentanyl and testing positive in a fingernail test for environmental
exposure to methamphetamine, methadone, and fentanyl. The
court also found that mother’s behaviors during recent parenting
time sessions with the child were indicative of substance abuse and
that mother’s claims of sobriety despite the positive tests were not
credible. Although the court noted that a relapse is not itself a
complete failure of the treatment plan, mother’s “denial or
minimization . . . and really the lack of curiosity or concern for” the
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possible impacts of an accidental exposure to fentanyl on the child
left the court with no path forward for mother’s rehabilitation.
¶ 13 The record supports these findings. Two experts in forensic
toxicology testified that the confirmation testing performed on
mother’s urinalysis and fingernail samples eliminated the
possibility of false positives. The experts testified that (1) fentanyl
was definitively present in two of mother’s urinalysis samples due to
ingestion; and (2) methamphetamine, methadone, and fentanyl
were present in mother’s fingernails due to mother being
“consistently in an environment where drugs are being used or
manufactured.” When mother’s counsel suggested that mother may
have been exposed to substances at substance testing facilities or
through her work at a pharmacy, both experts testified that positive
results due to these circumstances were “highly unlikely.”
¶ 14 Moreover, several family time supervisors testified that they
were concerned that mother was under the influence of substances
during family time with the child. One supervisor described mother
alternating between rapidly speaking and falling asleep “almost
mid-sentence” in a visit the week before the termination hearing.
Another described mother’s behavior at a family time session a few
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days later, where mother was irritable and cursing, and “appeared
not with it . . . slurring her words and . . . somewhat unintelligible.”
Although mother’s demeanor improved at times during the visit, she
twice went to the restroom and returned “slurring and becoming
sort of unintelligible again.” A third family time supervisor
described mother berating the child a few weeks before the hearing.
And the caseworker testified that, after the positive urinalysis test,
mother became more confrontational and argumentative —
behaviors she historically displayed during times of relapse.
¶ 15 In addition to the recent relapse and concerns with family
time, the caseworker testified that mother was not in compliance
with other requirements of her treatment plan. For example, the
caseworker opined that mother had not demonstrated protective
capabilities or maintained boundaries with father, as required by
the domestic violence objective. Indeed, mother had recently denied
ever having been involved in domestic violence, notwithstanding her
earlier disclosures to the contrary. The caseworker also testified
that mother was not participating in the child’s speech language
therapy, as required to meet the child’s needs, and that mother was
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not successful with her mental health objective because she had
not shown behavioral changes or accepted accountability.
¶ 16 The record also supports the juvenile court’s finding that
mother conduct or condition was unlikely to change within a
reasonable time. The court found that despite making “a lot of
progress,” mother “is still not a safe and sober parent.” It found
that mother’s “hostility and rejection of the positive tests and her
unwillingness to acknowledge the relapse and get into a higher level
of treatment” made it unlikely that mother would become fit within
a reasonable period of time. And it found that although mother had
successfully demonstrated sobriety at times, there was “a pattern of
relapse,” and the child “cannot wait for another six months or
another year or another two years to have a safe and sober parent.”
¶ 17 Again, these findings are supported by the record. Mother’s
providers and the caseworker agreed that, at times, mother engaged
in treatment and demonstrated periods of sobriety and positive
interactions with the child. But the recent positive substance tests
and mother’s behavior since those tests presented a significant
barrier. Mother’s therapist testified that she gave mother referrals
for detox and inpatient substance dependence treatment, but
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mother declined the referrals and said she would not attend
inpatient treatment. And when the caseworker tried to talk to
mother about how the exposure occurred or the reasons for her
relapse, mother refused. Mother also refused to provide further
substance testing to reestablish sobriety. The caseworker testified
that, although relapse can be a regular part of substance
dependence treatment, mother showed no accountability for the
positive tests and was adamant that she had not relapsed.
¶ 18 The caseworker explained that mother’s recent demeanor and
behavior were consistent with the pattern she had displayed
throughout the case — with a period of strong engagement followed
by a period of relapse and disengagement. Two years after the
petition was filed, mother remained trapped in that same pattern.
¶ 19 We therefore conclude that the record supports the juvenile
court’s factual findings and its conclusion that mother was unfit
and unlikely to become fit within a reasonable period of time.
III. Disposition
¶ 20 The judgment is affirmed.
JUDGE HARRIS and JUDGE JOHNSON concur.
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