Peo in Interest of AC

CourtColorado Court of Appeals
DecidedFebruary 12, 2026
Docket25CA1024
StatusUnpublished

This text of Peo in Interest of AC (Peo in Interest of AC) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Peo in Interest of AC, (Colo. Ct. App. 2026).

Opinion

25CA1024 Peo in Interest of AC 02-12-2026

COLORADO COURT OF APPEALS

Court of Appeals No. 25CA1024 Mesa County District Court No. 23JV53 Honorable JenniLynn E. Lawrence, Judge

The People of the State of Colorado,

Appellee,

In the Interest of A.C., a Child,

and Concerning V.A.,

Appellant.

JUDGMENT AFFIRMED

Division VII Opinion by JUDGE JOHNSON Pawar and Gomez, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced February 12, 2026

Donald L. Steerman, County Attorney, Meeker, Colorado, for Appellee

Cassandra L. Coleman, Guardian Ad Litem

Robin Tieman, Office of Respondent Parents’ Counsel, Boulder, Colorado, for Appellant ¶1 In this dependency or neglect proceeding, V.A. (mother)

appeals the judgment terminating her legal relationship with A.C.

(the child). We affirm.

I. Background

¶2 After receiving referrals regarding the child’s lack of

supervision, hazardous living conditions, and mother’s recent

arrest, the Mesa County Department of Human Services (the

Department) filed a petition in dependency or neglect alleging

concerns of domestic violence, incarceration, neglect, mental

health, and substance abuse.

¶3 The juvenile court subsequently adjudicated the child

dependent or neglected and adopted a treatment plan for mother

that, among other things, required her to (1) engage in timely

communication with the Department; (2) attend family time; (3)

complete a capacity to parent evaluation and follow the reasonable

recommendations; (4) submit to random drug testing; (5) complete a

domestic violence victim assessment and follow all reasonable

recommendations; (6) maintain a safe and stable environment; (7)

comply with all terms and conditions of any criminal cases and/or

probation; and (8) attend family therapy as recommended.

1 ¶4 Fourteen months later, the Department moved to terminate

mother’s parental rights. Following a two-day evidentiary hearing,

the juvenile court granted the Department’s motion and terminated

mother’s legal relationship with the child.

II. Due Process

¶5 Mother contends that the juvenile court violated her due

process rights at the termination hearing when it denied her

request to appear by video and thus proscribed her presence to act

as an advisory witness and allow her to testify. She also claims the

court erred by denying her counsel’s request for a continuance after

the court required her in-person attendance at the hearing. Finally,

mother contends that the court erred by disallowing the testimony

of her rebuttal expert witness. We discern no reversible error.

A. Standard of Review and Applicable Law

¶6 We review procedural due process claims de novo. People in

Interest of R.J.B., 2021 COA 4, ¶ 26. We review the juvenile court’s

rulings on motions to continue for an abuse of discretion. People in

Interest of E.B., 2022 CO 55, ¶ 14. Likewise, we review a court’s

evidentiary rulings for an abuse of discretion. People in Interest of

M.V., 2018 COA 163, ¶ 52, overruled on other grounds by People in

2 Interest of E.A.M. v. D.R.M., 2022 CO 42. A court abuses its

discretion when its ruling is manifestly arbitrary, unreasonable, or

unfair or when it misapplies or misconstrues the law. E.B., ¶ 14.

¶7 Because “[p]arents have a constitutionally protected liberty

interest in the care, custody, and management of their children,”

People in Interest of A.M. v. T.M., 2021 CO 14, ¶ 17, termination of

the parent-child legal relationship must satisfy due process by

providing “fundamentally fair procedures,” People in Interest of J.G.,

2016 CO 39, ¶ 20 (quoting Santosky v. Kramer, 455 U.S. 745, 753-

54 (1982)). “Under this principle, a parent must be provided with

‘notice of the allegations in the termination motion, the opportunity

to be heard, the opportunity to have counsel if indigent, and the

opportunity to call witnesses and engage in cross examination.’”

E.B., ¶ 16 (quoting A.M., ¶ 18). A parent may not obtain relief on a

due process claim, however, absent a showing of harm or prejudice.

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

B. Additional Background

¶8 The juvenile court appointed counsel to represent mother at

the initial shelter hearing. Eleven months later, mother’s counsel

moved to withdraw. During the withdrawal hearing, mother chose

3 to proceed without counsel. Consequently, the court granted

counsel’s withdrawal motion and appointed advisory counsel for

mother. At the start of the termination hearing, based on mother’s

request, the court appointed mother’s advisory counsel to serve as

her counsel of record.

¶9 On the first day of the termination hearing, mother requested

a continuance, citing an “acute illness.” Mother provided a doctor’s

letter confirming her illness and estimating improvement within one

week. The court then limited that day of the hearing to evidence

regarding the Department’s motion to terminate the child’s father’s

legal rights, vacated the second day of the hearing, and ordered

mother to attend the third day of the hearing scheduled four days

later. Based on concerns that one day was insufficient to complete

the presentation of evidence related to mother, the juvenile court

set two additional hearing dates (day four and day five).

¶ 10 Mother appeared virtually for the third day of the hearing,

which the court found “appropriate given her recent diagnosis.”

But the court also made clear that mother was only allowed to

appear virtually because of her illness, reminded her that she had

outstanding warrants, and instructed her to resolve them. The

4 court did not convene over the weekend. On the fourth day of the

hearing, mother again appeared virtually. But because mother’s

illness had passed and she had no other reason to appear virtually,

and considering mother’s outstanding warrants, the court did not

allow her virtual appearance.

¶ 11 Given the court’s ruling, mother’s counsel requested a

continuance, citing the importance of having mother as an advisory

witness. Considering the child and his need for permanency, the

court denied the request. Mother did not appear in person during

the termination hearing. The court checked periodically throughout

the fourth day of the hearing to see if mother had turned herself in

so she could be brought to court for the hearing, but mother had

not done so.

¶ 12 Subsequently, mother’s counsel attempted to call an expert

witness — a psychologist who completed an evaluation of mother

four years prior — but the Department objected based on relevance

and lack of disclosure. Mother’s counsel responded that advanced

disclosure was not required because the witness was a rebuttal

expert. Finding the witness to be a direct expert for mother, the

5 juvenile court precluded the witness’s testimony because of

nondisclosure under the civil rules.

C. Analysis

¶ 13 Mother argues that the juvenile court’s orders precluding her

virtual appearance, her testimony, and the testimony of her expert

witness deprived her of a fundamentally fair proceeding, the

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