CourtListener 10818004•Peo in Interest of LR-D
Testo completo
25CA2102 Peo in Interest of LR-D 03-26-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA2102
Weld County District Court No. 24JV44
Honorable Troy Hause, Judge
The People of the State of Colorado,
Appellee,
In the Interest of L.R-D., a Child,
and Concerning R.D.,
Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE TOW
Welling and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced March 26, 2026
Bruce T. Barker, County Attorney, David S. Anderson, Assistant County
Attorney, Greeley, Colorado, for Appellee
Jenna L. Mazzucca, Guardian Ad Litem
The Morgan Law Office, Kristofr P. Morgan, Colorado Springs, Colorado, for
Appellant
¶1 R.D. (father) appeals the juvenile court’s judgment terminating
his parent-child legal relationship with L.R-D. (the child). He
argues that the court erred by failing to consider an allocation of
parental responsibilities (APR) as a less drastic alternative to
termination of his parental rights. We disagree and therefore
affirm.
I. Background
¶2 The Weld County Department of Human Services (Department)
filed a petition in dependency and neglect after receiving reports
that the two-week-old child had been born exposed to drugs, was
underweight, and was exhibiting symptoms of drug withdrawal.
The court granted temporary legal custody of the child to the
Department, which placed her with maternal great-aunt. Father
admitted the petition, and the court adjudicated the child
dependent or neglected and adopted a treatment plan for father.
¶3 Father’s treatment plan required him to (1) maintain contact
with case professionals and sign releases of information;
(2) maintain employment or accept public assistance to support
himself and the child; (3) complete a parenting class and display
appropriate parenting skills during parenting time; (4) complete
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substance abuse and mental health evaluations and follow any
recommended therapy; and (5) comply with random urinalysis
testing.
¶4 Eleven months after the court adopted the treatment plan, the
child’s guardian ad litem (GAL) filed a motion to terminate father’s
parental rights. The GAL alleged that father had not been
successful with his treatment plan and remained unfit. After a
hearing, the court granted the motion. (The court terminated both
parents’ parental rights. Mother does not appeal the termination of
her parental rights.)
II. Relevant Law and Standard of Review
¶5 A juvenile court may terminate parental rights if it finds, by
clear and convincing evidence, that (1) the child was adjudicated
dependent and neglected; (2) the parent has not reasonably
complied with an appropriate, court-approved treatment plan, or
the treatment 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.
¶6 Before terminating parental rights, the juvenile court must
consider and eliminate less drastic alternatives. People in Interest of
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A.M. v. T.M., 2021 CO 14, ¶ 40. In doing so, it must give primary
consideration to the child’s physical, mental, and emotional
conditions and needs. People in Interest of Z.M., 2020 COA 3M,
¶ 29. The court may consider, among other things, (1) whether an
ongoing relationship with the parent would benefit the child, People
in Interest of J.C.R., 259 P.3d 1279, 1285 (Colo. App. 2011);
(2) whether the child is bonded to the parent, People in Interest of
D.P., 181 P.3d 403, 408-09 (Colo. App. 2008); and (3) whether the
alternative placement option favors adoption rather than an APR,
People in Interest of S.N-V., 300 P.3d 911, 920 (Colo. App. 2011).
¶7 A less drastic alternative is not viable simply because it is
“adequate.” A.M., ¶ 27. It must be in the child’s best interests. Id.
Long-term or permanent placement with a family member, short of
termination, may not be in a child’s best interests if it does not
provide the permanence assured by adoption or otherwise meet the
child’s needs. People in Interest of A.R., 2012 COA 195M, ¶ 41.
¶8 We review a juvenile court’s less drastic alternatives findings
for clear error. People in Interest of E.W., 2022 COA 12, ¶ 34, aff’d,
2022 CO 51. Thus, if the juvenile court considers a less drastic
alternative but finds instead that termination is in the child’s best
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interests, we must affirm that decision if the court’s findings have
record support. People in Interest of B.H., 2021 CO 39, ¶ 80.
III. Analysis
¶9 The court found that father’s treatment plan was not
successful and that he remained unfit. After “[g]iving primary
consideration to the physical, mental, and emotional conditions and
needs of the . . . child,” the court concluded that no alternative
short of termination of parental rights was in the child’s best
interests. In reaching this conclusion, the court considered
“whether an ongoing relationship with the parent would be
beneficial or detrimental to the child,” and determined that there
was “little to no bond or meaningful relationship” between father
and the child and that an ongoing relationship would be
detrimental to the child. It also considered that the alternative
placement option favored adoption over APR. Finally, after
considering whether “permanent placement with the relative . . .
would provide the adequate permanency and stability for the child,”
it found that “[n]o alternative, other than termination, allows for
permanency or flexibility in making appropriate placement
decisions for the child.”
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¶ 10 The record shows that father had not been successful with his
treatment plan and remained unfit. (We recognize that father does
not challenge the court’s findings that he is unfit and will not
become fit within a reasonable time. Nevertheless, we briefly
discuss this issue because “the determination of whether there is a
less drastic alternative to termination will be influenced by a
parent’s fitness to care for [the] child.” People in Interest of L.M.,
2018 COA 57M, ¶ 27.)
¶ 11 The case’s first permanency caseworker testified that father
did not meet regularly with the caseworker. And he did not find
stable housing during the case or show that he could provide for
the child. Father attended only thirty-eight percent of the
scheduled parenting time with the child and, when he did attend,
he was “generally . . . extremely late.” This caseworker said that,
for these reasons, it would have been inappropriate to expand
father’s parenting time.
¶ 12 Moreover, this caseworker testified that father never took
advantage of the parenting class referral. Father was
unsuccessfully discharged from medication-assisted substance use
therapy and he did not otherwise complete substance abuse
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treatment. He did not comply with urinalysis testing. He also did
not complete a mental health assessment or any therapy.
¶ 13 The first permanency caseworker concluded that father had
not complied with his treatment plan and remained unfit. The
second permanency caseworker similarly concluded that father did
not meet most of the treatment plan objectives and remained an
unfit parent.
¶ 14 The record supports the court’s considerations regarding less
drastic alternatives to termination. The second permanency
caseworker testified that she did not observe “a strong bond or
connection” between the child and parents. And she expressed
concern that, without a termination of parental rights, father and
the child’s mother would disrupt the child’s placement with
maternal great-aunt. The maternal great-aunt told the second
permanency caseworker that she wanted to adopt the child and was
not supportive of an APR. The first and second permanency
caseworkers opined that nothing short of termination of parental
rights and adoption by maternal great-aunt was in the child’s best
interest.
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¶ 15 Given this record support for the court’s determination, we will
not disturb it on appeal. See B.H., ¶ 80.
IV. Disposition
¶ 16 The judgment is affirmed.
JUDGE WELLING and JUDGE LIPINSKY concur.
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