CourtListener 10332986•Peo in Interest of GDD
Testo completo
24CA1105 Peo in Interest of GDD 02-13-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA1105
City and County of Denver Juvenile Court No. 23JV30189
Honorable Lisa M. Gomez, Judge
The People of the State of Colorado,
Appellee,
In the Interest of G.D.D., a Child,
and Concerning D.C.P and J.D.D.,
Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE TOW
Dunn and Graham*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced February 13, 2025
Kerry Tipper, City Attorney, Christina R. Kinsella, Assistant City Attorney,
Denver, Colorado, for Appellee
Robert G. Tweedell, Guardian Ad Litem
Lindsey Parlin, Office of Respondent Parents’ Counsel, Denver, Colorado, for
Appellant D.C.P.
Patrick R. Henson, Office of Respondent Parents’ Counsel, Chelsea A. Carr,
Office of Respondent Parents’ Counsel, Denver, Colorado, for Appellant J.D.D.
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art.
VI, § 5(3), and § 24-51-1105, C.R.S. 2024.
¶1 In this dependency and neglect proceeding, D.C.P. (mother)
and J.D.D. (father) appeal the juvenile court’s judgment terminating
their parent-child legal relationships with G.D.D. (the child). We
affirm the judgment.
I. Background
¶2 The Denver Department of Human Services filed a petition in
dependency or neglect regarding the newborn child. The petition
alleged that mother appeared under the influence at the hospital
and admitted using methamphetamine during her pregnancy. The
petition further alleged that the child tested positive for
amphetamine, methamphetamine, and fentanyl and was diagnosed
with congenital syphilis, hydrocephalus, and several other medical
conditions requiring intensive care. Father also admitted substance
abuse.
¶3 The juvenile court accepted the parents’ admissions to the
allegations of the petition and adjudicated the child dependent and
neglected. The court adopted treatment plans for each parent
requiring that they, among other things, (1) complete substance
abuse evaluations and engage in recommended treatment;
(2) attend mental health counseling; (3) maintain stable
1
employment and housing; (4) engage in regular family time; and
(5) learn to provide for the child’s extensive medical needs.
¶4 The Department later moved to terminate the parents’ parental
rights. After a hearing, the court terminated mother’s and father’s
parent-child legal relationships with the child.
II. Additional Time
¶5 Both parents argue that the juvenile court erroneously found
that they could not become fit parents within a reasonable time.
We are not persuaded.
A. Applicable Law and Standard of Review
¶6 “Once a treatment plan has been devised for a parent, a court
may only terminate parental rights when, among other things, the
court finds that parent unfit and unable to become fit in a
reasonable time.” People in Interest of L.M., 2018 COA 57M, ¶ 27.
An unfit parent is one whose conduct or condition renders them
“unable or unwilling to give the child reasonable parental care to
include, at a minimum, nurturing and safe parenting sufficiently
adequate to meet the child’s physical, emotional, and mental health
needs and conditions.” § 19-3-604(2). When determining whether
a parent’s conduct or condition is likely to change within a
2
reasonable time, “the 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.
¶7 What constitutes a reasonable time is fact specific and must
be determined by considering the physical, mental, and emotional
conditions and needs of each particular child. Id. at ¶ 25. A
“reasonable time” is not an indefinite time. Id. And even when a
parent has made recent progress on a treatment plan, the court is
not required to give the parent additional time to comply. See id. at
¶¶ 24-25. When, as here, a child is under six years old at the time
the petition is filed, the action is subject to the expedited
permanency planning (EPP) provisions, and the court must consider
the child’s need to be placed in a permanent home as expeditiously
as possible. §§ 19-1-102(1.6), 19-1-123, C.R.S. 2024.
¶8 Whether a juvenile court properly terminated parental rights
presents a mixed question of law and fact because it involves
application of the termination statute to evidentiary facts. People in
Interest of A.M. v. T.M., 2021 CO 14, ¶ 15. “We review the juvenile
court’s findings of evidentiary fact — the raw, historical data
3
underlying the controversy — for clear error and accept them if they
have record support.” People in Interest of S.R.N.J-S., 2020 COA 12,
¶ 10. We review de novo the juvenile court’s legal conclusions. See
id.; People in Interest of A.S.L., 2022 COA 146, ¶ 8.
¶9 It is for the juvenile court, as the trier of fact, to determine the
sufficiency, probative effect, and weight of the evidence and to
assess witness credibility. People in Interest of A.J.L., 243 P.3d 244,
249-50 (Colo. 2010).
B. Analysis
¶ 10 The juvenile court determined that neither mother nor father
could become fit to parent the child in a reasonable time. It found
that the case had been open more than a year, and the parents
were still struggling with substance abuse, untreated mental health
problems, and instability. And the court noted that the child had
very high needs. The record supports the court’s findings.
¶ 11 Mother admitted to relapsing in January 2024, and, although
she provided one negative urine sample in February 2024, she did
not consistently submit to drug testing thereafter and was not
engaged in substance use treatment at the time of the termination
hearing. The caseworker testified that she could not verify any kind
4
of steady employment for mother, although mother had found
housing and was scheduled to move in shortly after the termination
hearing. The caseworker also testified that mother had not engaged
in mental health treatment.
¶ 12 The caseworker testified that father’s substance use was the
Department’s primary concern. Father’s substance abuse
treatment provider testified that father participated in medically
assisted treatment, but did not regularly engage in individual or
group therapy and failed to submit regular sobriety tests.
¶ 13 The caseworker also testified that father had been incarcerated
for several months during the proceeding but acknowledged that he
had reached out to his substance abuse treatment provider the day
of his release to start treatment again. However, that day he also
provided a urine sample that tested positive for amphetamine and
methamphetamine. Moreover, father told the caseworker he did not
need to submit to further sobriety testing through the substance
abuse treatment provider because he was already required to do so
through probation. But father’s probation officer testified that
father was non-compliant with sobriety testing and was facing
sanctions.
5
¶ 14 With respect to the child’s needs, his pediatrician testified
about his various medical conditions and ongoing treatment. The
child’s placement provider testified that the child had extensive
medical needs including a shunt placed after he had a stroke at
around two weeks old. The child required around the clock
monitoring for signs that the shunt was malfunctioning. If the child
exhibited symptoms such as fever and vomiting, he had to be
immediately transported to the hospital or risk another stroke,
grave brain injury, or death. The child’s placement provider
testified that the child had been admitted to the hospital around
seven times since he had been placed with them after leaving the
hospital after birth and that those stays lasted from three days to
about a week.
¶ 15 The child also regularly saw a host of doctors and specialists
to manage his conditions. He attended a center specializing in the
care of children with sight problems. He required special thickened
formula both for additional calorie intake and because he had
trouble with ingesting different textures. And he regularly attended
occupational, physical, and speech therapies.
6
¶ 16 The child’s doctor testified that she was “encouraged by . . . all
the progress he has made” but that his future outlook was “very
challenging.” She testified that the child needed continued diligent
therapy and follow up with subspecialists and general pediatric
doctors as well as “doing the homework” in between therapy
sessions and medical appointments. She testified that the child
was “high risk” and needed “extra diligence and care.” She further
testified that a “stable, nurturing home environment . . . ranks in
importance” along with his continuation of medical care and
therapies.
¶ 17 Although father’s testimony expressed an understanding of
some of the child’s medical needs, he admitted that he and mother
had “a lot . . . to get together” before being able to fully care for the
child. And he admitted that while he tried to attend visits with the
child regularly, there had been “quite a few times” that he was not
able to.
¶ 18 Father testified that he and mother needed “two or three
months” to be in a place to care for the child and that his biggest
obstacle was getting identification and securing employment. But
he failed to address the Department’s main concern — his
7
substance abuse. Father’s substance abuse treatment provider
testified that “it takes a good amount of time and energy and
support” for an individual to be able to stop abusing substances.
¶ 19 The caseworker, who testified as an expert in social
caseworker with an emphasis in child protection, opined that she
did not believe that mother or father could become fit in a
reasonable time for the child. She testified that both parents’
substance use problems “had gone back for several years,” and that
she did not know how long it would take for parents to become fit.
She testified that they continued to struggle with instability,
substance abuse, and mental health problems despite significant
resources and time. She also testified that the child’s needs were
extensive and that she did not believe either parent was aware of all
of the child’s medical needs and symptoms or would be able to
consistently respond appropriately and immediately in an
emergency situation. And she opined that “[the child,] given his age
and given his needs, deserves the permanency that adoption will
provide for him following a termination of . . . parental rights.”
¶ 20 On appeal, both parents assert that they had achieved some
stability because mother had obtained housing, father had plans to
8
get himself added to the lease, and that they were cooperative and
“very respectful” with the caseworker. But nothing suggests that
either parent would be able to fully address their substance abuse
or mental health issues within a reasonable time for the child,
particularly given his extensive medical needs. See S.Z.S., ¶¶ 24-25
(the court is not required to give additional time even when a parent
has made recent progress).
¶ 21 Based on this evidence in the record, and considering the EPP
provisions requiring permanency as expeditiously as possible, the
juvenile court did not err when it found the parents’ conditions
unlikely to improve within a reasonable time for the child.
III. Disposition
¶ 22 We affirm the judgment.
JUDGE DUNN and JUDGE GRAHAM concur.
9
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.