CourtListener 10145617•Peo in Interest of CAP
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24CA0521 Peo in Interest of CAP 10-17-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA0521
Costilla County District Court No. 21JV2
Honorable Crista Newmyer-Olsen, Judge
The People of the State of Colorado,
Appellee,
In the Interest of C.A.P. and G.U.P., Children,
and Concerning:
S.A.W.,
Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE WELLING
Brown and Moultrie, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 17, 2024.
Rebecca N. Rian, Assistant County Attorney, Alamosa, Colorado, for Appellee
Jenna L. Mazzucca, Guardian Ad Litem for C.A.P.
Debra Dodd, Guardian Ad Litem for G.U.P.
Lindsey Parlin, Office for Respondent Parents’ Counsel, Denver, Colorado, for
Appellant
¶1 In this dependency and neglect action, S.A.W. (mother)
appeals the judgment terminating her parent-child legal
relationships with C.A.P. and G.U.P. (the children). We affirm.
I. Background
¶2 The Costilla County Department of Social Services (the
Department) filed a petition in dependency and neglect, alleging
that the children had been exposed to domestic violence and were
being negatively affected by mother’s mental health and substance
use. Initially, the children were placed with father on a safety plan,
but after a month the juvenile court granted temporary custody to
the Department and entered a protective order requiring supervised
family time. The court later determined that the children’s health
and safety required additional restrictions on mother’s family time.
¶3 The juvenile court adjudicated the children dependent and
neglected and adopted a treatment plan for mother. About a year
after the petition was filed, the guardian ad litem moved to
terminate mother’s parental rights.
¶4 The juvenile court denied the first motion to terminate
parental rights after finding the Department didn’t make reasonable
efforts to reunite the family. The court found that, although mother
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had been “largely noncompliant” with her treatment plan, the court
was unclear “whether her lack of compliance [was] based upon her
own refusals or whether it [was] related to simply not having the
appropriate services in place given her extreme needs.” In the order
denying termination, the court gave the Department specific
instructions to cure the reasonable efforts concerns. Among other
things, the Department had to create an amended treatment plan
that was individualized for mother and which identified specific
services to support mother in addressing the treatment plan
objectives. The Department did so, and an amended treatment plan
was adopted by the court twenty-two months after the petition was
filed.
¶5 The juvenile court ordered that mother should have six
months to demonstrate substantial compliance with the amended
treatment plan. Almost a year after the amended treatment plan
had been adopted, the Department moved to terminate mother’s
parental rights. Three years after the petition was filed, the court
granted the motion after a contested hearing.1
1 Father relinquished his parental rights and isn’t a party to this
appeal.
2
II. Reasonable Efforts
¶6 On appeal, mother contends that the juvenile court erred by
finding the Department made reasonable efforts. We aren’t
persuaded.
A. Standard of Review and Applicable Law
¶7 The reasonable efforts standard requires the Department to
exercise diligence to reunify the family, generally by providing
services identified in the parent’s treatment plan so that the parent
can become fit. See People in Interest of S.N-V., 300 P.3d 911, 915
(Colo. App. 2011); §§ 19-1-103(114), 19-3-100.5, 19-3-604(2)(h),
C.R.S. 2024. Services provided in accordance with section 19-3-
208, C.R.S. 2024, satisfy the reasonable efforts standard. People in
Interest of S.Z.S., 2022 COA 133, ¶ 13; § 19-1-103(114).
¶8 Whether a department satisfied its obligation to make
reasonable efforts is a mixed question of fact and law. People in
Interest of A.S.L., 2022 COA 146, ¶ 8. Therefore, we review the
juvenile court’s factual findings on the issue for clear error but
review de novo the court’s legal determination, based on those
findings, as to whether a department satisfied its reasonable efforts
obligation. Id.
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B. Analysis
¶9 Mother contends that the juvenile court erred by finding that
she was unfit because the Department didn’t make reasonable
efforts. In support of her claim, mother asserts that the
Department didn’t provide her with “several services identified in
section 19-3-208(2)(b).” But we aren’t aware of, and mother doesn’t
provide, support for her assertion that a department must provide
every service included in the Children’s Code. See S.N-V., 300 P.3d
at 915 (when evaluating whether a department made reasonable
efforts, the court should consider whether the provided services
were appropriate to support the parent’s treatment plan); see also
People in Interest of My.K.M. v. V.K.L., 2022 CO 35, ¶ 33 (a
department may “prioritize certain services or resources to address
a family’s most pressing needs in a way that will assist the family’s
overall completion of the treatment plan”).
¶ 10 In any event, the juvenile court found that the Department
made reasonable efforts after the first termination motion was
denied. The court found that the Department had “done simply all
[it] can do to give [mother] a reasonable and fair opportunity” to
maintain her parental relationships with the children. The court
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found that there were “repeated referrals” for appropriate services
but, importantly, mother stopped participating in the case after the
amended treatment plan was adopted.
¶ 11 The juvenile court’s factual findings are supported by the
record. After the court denied the first termination motion, the
Department provided updates detailing what efforts it was making
to support the new treatment plan objectives. At the second
termination hearing, the caseworker summarized these efforts,
testifying that the Department made referrals for individual therapy,
therapeutic family time, substance abuse treatment, domestic
violence treatment, and anger management. The caseworker
testified that she gave mother housing applications and made calls
with mother to get her on the waiting list for housing, but mother
“never followed through with trying to get housing.” The
Department also made referrals for substance monitoring and
offered mother transportation to complete urinalysis testing.
Furthermore, both the caseworker and the caseworker’s supervisor
testified that they encouraged mother to participate in services and
regularly reached out to her through phone calls, texts, and emails.
Despite these efforts, mother discontinued her individual therapy,
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stopped providing urinalysis samples ten months before the
termination hearing, and didn’t participate in the other services
offered by the Department as part of the amended treatment plan.
¶ 12 Mother doesn’t identify which additional services she believes
the Department should have provided to her as part of her amended
treatment plan. Nor does she provide record support for her
contention that the caseworker admitted to making “no efforts” to
resume mother’s family time. See People in Interest of D.B-J., 89
P.3d 530, 531 (Colo. App. 2004) (stating that where an appellant
doesn’t identify supporting facts, make specific arguments, or set
forth specific authorities to support a contention, the contention is
not properly before the appellate court and will not be addressed).
¶ 13 Mother claims that, if the Department had done more, she
“would have been making progress surrounding her treatment plan
objectives and would have been able to have contact with her
children.” But the juvenile court found that mother didn’t
participate in therapeutically supervised family time with the older
child, even though it was available to her. True, family time with
the younger child was suspended at the time of the termination
hearing. As part of the termination judgment, the court found that
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mother didn’t engage in her treatment and, as a result, “the court
simply did not ever get to a point where [it] thought that [family
time with mother] was safe and appropriate for [the younger child]”
so that the protective order could be amended. Here, the court
appropriately considered mother’s lack of participation in services
and court proceedings when it determined the Department made
reasonable efforts. See People in Interest of A.V., 2012 COA 210,
¶ 12; see also People in Interest of J.C.R., 259 P.3d 1279, 1285
(Colo. App. 2011) (a parent is ultimately responsible for using the
provided services to obtain the assistance needed to comply with
the treatment plan). As discussed above, the record supports the
juvenile court’s findings that the lack of family time was due to
mother’s nonengagement, and not a lack of reasonable efforts by
the Department.
¶ 14 To the extent that mother contends that the Department failed
to provide appropriate services to the children to support their
availability for family time, we aren’t persuaded. At the time of
termination, G.U.P. was nine years old and C.A.P. was almost six
years old. The caseworker testified that both children had high
needs. The caseworker testified that G.U.P. was placed in a
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therapeutic foster home, where he was receiving “intensive care.”
G.U.P.’s placement provider testified that he attended an affective
needs program at school and attended both individual and family
therapy to address his emotional and mental health needs. C.A.P.’s
placement provider testified that he was seen by a team of
specialists to address his high medical needs. C.A.P. received extra
support at school as well as play therapy, occupational therapy,
and speech language therapy. Mother doesn’t suggest what
additional services could or should have been provided to support
her children’s needs. And, in any event, the record demonstrates
that it was mother’s nonengagement, and not the children’s high
needs, that prevented her from participating in family time with the
children.
¶ 15 Considering both the court’s findings and mother’s
unsupported assertions, we agree with the juvenile court’s
conclusions that the Department made reasonable efforts to
rehabilitate mother and reunify the family. Thus, we discern no
error.
III. Disposition
¶ 16 The judgment is affirmed.
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JUDGE BROWN and JUDGE MOLUTRIE concur.
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