Peo in Interest of JWK

25CA1025 Peo in Interest of JWK 10-30-2025

COLORADO COURT OF APPEALS

Court of Appeals No. 25CA1025
Kit Carson County District Court No. 24JV30000
Honorable Stephanie M.G. Gagliano, Judge

The People of the State of Colorado,

Appellee,

In the Interest of J.W.K., a Child,

and Concerning K.L.W.,

Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE FREYRE
Pawar and Yun, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 30, 2025

Koy Dingboom Oates LLC, Jeffrey C. Koy, Lauren Dingboom, Jordan Oates,
Catherine Kleindl, Englewood, Colorado, for Appellee

Debra W. Dodd, Guardian Ad Litem

The Morgan Law Office, Kristofr P. Morgan, Colorado Springs, Colorado, for
Appellant
¶1 In this dependency and neglect case, K.L.W. (mother) appeals

the judgment adjudicating J.W.K. (the child) dependent or

neglected. We affirm.

I. Background

¶2 In March 2024, the Kit Carson County Department of Human

Services (Department) initiated a petition in dependency or neglect

after receiving reports of substance abuse and domestic violence

occurring in the family home, as well as reports of educational

neglect. Mother denied the allegations in the petition and requested

an adjudicatory court trial.

¶3 At the conclusion of the adjudicatory trial, the juvenile court

found that the Department had proved the allegations in the

petition and adjudicated the child dependent or neglected. Mother

appeals.

II. Due Process

¶4 Mother’s sole contention on appeal is that the juvenile court

violated her right to due process by refusing to appoint counsel for

her at the adjudicatory hearing and requiring her to appear pro se.

For reasons described below, we reject mother’s argument.

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A. Applicable Law and Standard of Review

¶5 To satisfy procedural due process at the adjudicatory phase of

a dependency and neglect proceeding, the parent must be afforded

(1) notice of the allegations; (2) the right to challenge them at trial;

(3) the chance to present evidence in their favor; and (4) the right to

be represented by an attorney. People in Interest of J.G., 2016 CO

39, ¶ 25. However, a parent may not obtain relief on a due process

claim absent a showing of harm or prejudice. People in Interest of

J.A.S., 160 P.3d 257, 262 (Colo. App. 2007).

¶6 The Children’s Code further provides that parents have a right

“to be represented by counsel at every stage” of a dependency and

neglect proceeding, including an adjudicatory hearing. § 19-3-

202(1), C.R.S. 2025; C.S. v. People in Interest of I.S., 83 P.3d 627,

636 (Colo. 2004).

¶7 To invoke the right to counsel, a parent must make a timely

request for appointment of counsel and failure to make a timely

request will result in a waiver of the right. People in Interest of Z.P.,

167 P.3d 211, 214 (Colo. App. 2007); People in Interest of L.A.C., 97

P.3d 363, 367 (Colo. App. 2004).

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¶8 Because the right to counsel in the adjudicatory phase of a

dependency and neglect proceeding is a statutory right, not a

constitutional right, a waiver “must be voluntary, but need not be

knowing and intelligent.” People in Interest of B.H., 2021 CO 39,

¶ 69 (quoting Finney v. People, 2014 CO 38, ¶ 16); see also People in

Interest of M.G., 128 P.3d 332, 334 (Colo. App. 2005) (a parent does

not have a due process right to counsel when the state is not

seeking to terminate parental rights). A waiver is voluntary if it is

“the product of a free and deliberate choice rather than

intimidation, coercion, or deception.” B.H., ¶ 68 (quoting Berghuis

v. Thompkins, 560 U.S. 370, 382 (2010)). The waiver may take the

form of an express statement, or in some cases, it can be implied.

Id. at ¶¶ 67, 70 (“[A] person impliedly waives a statutory right

through freely chosen conduct that clearly manifests an intent to

relinquish the right or is inconsistent with its assertion.”).

¶9 We review due process claims de novo. People in Interest of

R.J.B., 2021 COA 4, ¶ 26. The waiver of counsel is a mixed

question of law and fact. B.H., ¶ 50. We will not disturb the court’s

findings of fact if they are supported by competent evidence, but we

assess the legal significance of those facts de novo. Id.

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B. Additional Background

¶ 10 In March 2024, at the temporary custody hearing, mother

reported she wanted to explore private counsel. In the interim, the

court provisionally appointed counsel for mother. At a later

hearing, mother requested the court appoint counsel for her. The

court instructed mother on how to obtain the proper form for court

appointed counsel and, upon receipt of the form, granted mother’s

request and formally appointed counsel for mother.

¶ 11 In July 2024, mother’s counsel informed the court that mother

was no longer requesting representation and was prepared to

proceed without an attorney. The court asked whether mother

wanted another court-appointed attorney or wished to represent

herself. Mother responded that she intended to hire private

counsel. After a further exchange between mother, mother’s

counsel, and the court, the court allowed mother’s counsel to

withdraw.

¶ 12 At all subsequent hearings, mother proceeded pro se, neither

requesting additional court-appointed counsel nor hiring private

counsel. Later, at two hearings that occurred immediately before

the adjudicatory trial, the court asked whether mother intended to

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proceed with the court trial. On both occasions, mother confirmed

her intention to do so.

¶ 13 In November 2024, shortly before the adjudicatory hearing

was scheduled to begin, mother filed a “Motion to Stay Proceedings

Due to Ineffective Counsel and Lack of Legal Knowledge.” In the

motion, mother requested a “stay of the proceedings” and asked for

court-appointed counsel or additional time for mother to either

proceed pro se “with proper guidance” or to retain private counsel.

¶ 14 At the outset of the adjudicatory hearing, the court pointed

out that mother had appeared at a pretrial hearing the previous

week, was aware of the upcoming adjudicatory trial, and had never

indicated that she was seeking or in need of counsel. The court

also noted mother had previously been appointed counsel, but had

“chose voluntarily, knowing the risks of doing so, to proceed pro

se.” The court then denied the motion, required her to proceed pro

se, and resumed the hearing.

C. Analysis

¶ 15 The Department and the guardian ad litem contend that

mother voluntarily waived her right to counsel, and therefore her

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appellate claim fails. We agree and conclude that the record

supports the court’s findings.

¶ 16 At the July 2024 hearing, mother asked her court-appointed

counsel to withdraw. As her counsel explained, mother “just wants

to make the decisions regarding the process: Which motions to file,

which arguments to make. And . . . I believe that’s where the issue

is with an attorney is that she wants to dictate that and doesn’t

agree with the decisions that I make.” Mother declined the court’s

offer to appoint new counsel for her. While mother reported she

wanted to retain private counsel, she ultimately never hired one.

Instead, mother requested an adjudicatory court trial, demanded

discovery from the parties, filed motions with the court, and

appeared at hearings pro se. It was not until the day of the

adjudicatory trial — a mere eighteen minutes before it was set to

begin — that mother requested additional court-appointed counsel.

¶ 17 Thus, we conclude the record shows mother waived her

statutory right to counsel by asking her appointed attorney to

withdraw, declining reappointment of counsel, continuing to appear

pro se, and failing to timely request appointment of new counsel.

See B.H., ¶¶ 67, 70; Z.P., 167 P.3d at 214.

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¶ 18 Nevertheless, even if we assume mother did not waive her

right to counsel, mother has failed to demonstrate how the absence

of counsel created actual prejudice so her due process claim still

fails. See J.A.S., 160 P.3d at 262. While mother generally asserts

that she “struggled to present her case,” she does not point us to

any specific argument or evidence that court-appointed counsel

could have presented to alter the juvenile court’s determination that

the child was dependent or neglected.

¶ 19 Indeed, the record establishes the risk of an erroneous result

at the adjudicatory hearing was low. See People in Interest of E.B.,

2022 CO 55, ¶ 17 (holding that a parent cannot prevail on a due

process claim absent a showing of harm or prejudice). The evidence

at the hearing showed that mother (1) refused to submit to any

court ordered sobriety monitoring; (2) repeatedly allowed her

partner into the family home despite active mandatory protection

orders preventing him from being near mother; (3) failed to comply

with two safety plans; (4) allowed known drug users or individuals

involved in concerning criminal activity into the family home; and

(5) had law enforcement respond to the family home “on several

occasions due to domestic violence, with the child present.”

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¶ 20 The record further shows that mother had a meaningful

opportunity to be heard and to present her defense. While all

parties were ordered to appear in person for the adjudicatory trial,

mother appeared virtually, explaining that her car trouble prevented

her from appearing in person. Despite the court order, the court

allowed mother to participate virtually, expressly stating it “wanted

to afford [mother] every opportunity to be heard on this matter.”

Mother participated fully in the adjudicatory hearing: she made

opening and closing statements, objected to various testimony,

cross-examined witnesses, and presented her own testimony and

arguments.

¶ 21 Accordingly, we discern no due process violation and therefore

no basis for reversal.

III. Disposition

¶ 22 The judgment is affirmed.

JUDGE PAWAR and JUDGE YUN concur.

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