CourtListener 10674568•Peo in Interest of ARL
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25CA0791 Peo in Interest of ARL 09-18-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA0791
El Paso County District Court No. 23JV30831
Honorable Diana K May, Judge
The People of the State of Colorado,
Appellee,
In the Interest of A.R.L., Jr., a Child,
and Concerning P.S.,
Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE MEIRINK
Fox and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced September 18, 2025
Kenny Hodges, County Attorney, Melanie E. Gavisk, Assistant County Attorney,
Colorado Springs, Colorado, for Appellee
Josi McCauley, Guardian Ad Litem
The Morgan Law Office, Kristofr P. Morgan, Colorado Springs, Colorado, for
Appellant
¶1 In this dependency and neglect proceeding, P.S. (mother)
appeals the judgment terminating her parent-child legal
relationship with A.R.L., Jr. (the child). We affirm.
I. Background
¶2 The El Paso County Department of Human Services initiated
this case based on substance use by mother and concerns about an
unsafe environment for the child. Early in the case, the child was
placed in the home of his maternal cousin and maternal cousin’s
wife (maternal cousins), where he remained for the rest of the case.
¶3 Mother agreed to a deferred adjudication, and the juvenile
court adopted a treatment plan for her. A year later, the
Department moved to revoke the deferred adjudication. Following
an evidentiary hearing, the court revoked the deferred adjudication
and adjudicated the child dependent and neglected.
¶4 The Department soon moved to terminate mother’s parental
rights. After holding an evidentiary hearing, the court terminated
mother’s parent-child legal relationship with the child.
II. Less Drastic Alternatives
¶5 Mother contends that the juvenile court erred by terminating
her parental rights when an allocation of parental responsibilities
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(APR) to maternal cousins was a viable less drastic alternative to
termination. We disagree.
A. Legal Framework and Standard of Review
¶6 A juvenile court may terminate a parent’s 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 plan has not been successful; (3) the parent is unfit;
and (4) the parent’s conduct or condition is unlikely to change in a
reasonable time. § 19-3-604(1)(c), C.R.S. 2025.
¶7 Before terminating parental rights under section 19-3-
604(1)(c), the court must also consider and eliminate less drastic
alternatives. People in Interest of L.M., 2018 COA 57M, ¶ 24. In
considering less drastic alternatives, a court must give primary
consideration to the child’s physical, mental, and emotional
conditions and needs. § 19-3-604(3); see L.M., ¶ 29.
¶8 A juvenile court may consider various factors when
determining the viability of a less drastic alternative, including
whether an ongoing relationship with the parent would be beneficial
or detrimental to the child, L.M., ¶ 29, and whether the alternative
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placement option provides the child with adequate permanence and
meets the child’s needs, People in Interest of T.E.M., 124 P.3d 905,
910 (Colo. App. 2005).
¶9 For a less drastic alternative to be viable, it must do more than
“adequate[ly]” meet a child’s needs; rather, the less drastic
alternative must be the “best” option for the child. People in Interest
of A.M. v. T.M., 2021 CO 14, ¶ 27. Therefore, if the court considers
a less drastic alternative but finds instead that termination is in the
child’s best interests, it must reject the less drastic alternative and
order termination. Id. at ¶ 32. Under those circumstances, we
must affirm the court’s decision if its findings are supported by the
record. People in Interest of B.H., 2021 CO 39, ¶ 80.
B. Analysis
¶ 10 The juvenile court determined that no less drastic alternative
was available and that termination was in the child’s best interests.
While noting that the child “felt [i]nsecure” at the beginning of his
placement with maternal cousins, the court found that he felt
secure and safe there at the time of termination. The court found
that the then-eight-year-old child was having his emotional,
physical, and mental needs met in a caring, stable environment in
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which he had resided for nearly eighteen months. See T.E.M., 124
P.3d at 910.
¶ 11 The testimony of the caseworker, the sole witness at the
hearing whose testimony the court found credible, supports the
court’s findings. The caseworker opined that, while the child
experienced trauma in mother’s care, he is now “settled with the
fact that he is safe” and “knows what to predict day after day.” The
child considered his maternal cousins to be parental figures and
considered his cousins’ son to be his brother. The caseworker
opined that all the child’s needs were being met in his placement.
For example, the child had been attending therapy at the time of
termination.
¶ 12 The court also premised its determination, in relevant part, on
mother’s “complete lack of engagement.” The record shows that
mother did little to engage in treatment or to otherwise comply with
her treatment plan. Significantly, mother had not seen the child for
at least one year and three months by the time of the termination
hearing. According to the caseworker, mother expressed no desire
to “get [her] son back” and instead insisted to the Department that
the child should stay with maternal cousins.
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¶ 13 Notwithstanding, mother contends that an APR to maternal
cousins would have been in the child’s best interests because it
would have preserved his “attached relationship” to mother. We are
not persuaded. The court specifically found, with evidentiary
support, that an APR would not be in the child’s best interests
because it would have created anxiety, “emotional trauma,” and
“[i]nstability” for the “now . . . stable” child. See L.M., ¶ 29 (the
court may consider whether an ongoing relationship with the parent
would be beneficial or detrimental to the child); see also People in
Interest of Z.M., 2020 COA 3M, ¶ 30 (“Permanent placement is not a
viable less drastic alternative if the child needs a stable, permanent
home that can only be assured by adoption.”). According to the
caseworker, the uncertainty surrounding mother’s whereabouts
created “turmoil” and “a little bit of anxiety” for the child.
¶ 14 To the extent that mother contends termination is
unwarranted because the maternal cousins were previously
amenable to an APR, we are unpersuaded. Mother does not direct
us to any authority to support this position. And, while the
caseworker acknowledged that the maternal cousins’ position
changed over time, at the time of the termination, the maternal
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cousins preferred adoption to avoid any “ongoing turmoil” that an
APR might cause. See Z.M., ¶ 31 (noting that the court may
consider whether the placement favors adoption rather than an
APR).
¶ 15 Because the record supports the court’s findings, we affirm its
determination. See B.H., ¶ 80.
III. Disposition
¶ 16 The judgment is affirmed.
JUDGE FOX and JUDGE BROWN concur.
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