25CA2168 Peo in Interest of EL 04-09-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA2168 Adams County District Court No. 24JV30182 Honorable Kelley R. Southerland, Judge
The People of the State of Colorado,
Appellee,
In the Interest of E.L., a Child,
and Concerning J.L.,
Appellant.
JUDGMENT AFFIRMED
Division A Opinion by JUDGE ASHBY* Román, C.J., and Graham*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced April 9, 2026
Heidi Miller, County Attorney, Emily Platt, Assistant County Attorney, Westminster, Colorado, for Appellee
Jenna L. Mazzucca, Guardian Ad Litem
Patrick R. Henson, Office of Respondent Parents’ Counsel, Chelsea A. Carr, Office of Respondent Parents’ Counsel, Denver, Colorado, for Appellant
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2025. ¶1 In this dependency and neglect action, J.L. (father) appeals the
judgment allocating parental responsibilities for E.L. (the child) to
K.C. (mother). We affirm.
I. Background
¶2 The Adams County Human Services Department (the
Department) filed a petition in dependency and neglect, alleging
that father engaged in a “pattern of neglect with [the child]’s
hygiene, mental health, and education.” Temporary custody of the
child was granted to mother, who maintained custody of the child
throughout the proceedings.
¶3 The juvenile court adjudicated the child as to father and
deferred an adjudication as to mother. Mother later moved for an
allocation of parental responsibilities (APR), and the juvenile court
granted the motion after a contested hearing.
II. The APR
¶4 Father generally contends that the juvenile court erred by
entering the APR because the Department failed to provide
reasonable accommodations as required under the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101-12213, and its related
amendments and implementing regulations (the ADA).
1 A. Standard of Review and Relevant Law
¶5 Allocating parental responsibilities is a matter within the
sound discretion of the juvenile court. See In re B.R.D., 2012 COA
63, ¶ 15. Although the juvenile court must allocate parental
responsibilities to best serve “the interests of the child and the
public,” § 19-3-507(1)(a), C.R.S. 2025, the Children’s Code does not
prescribe any specific factors the juvenile court must consider in
making its decision. People in Interest of C.M., 116 P.3d 1278, 1281
(Colo. App. 2005).
¶6 Under the ADA, both the Department and the juvenile court
must generally provide reasonable accommodations to a parent
with a qualifying disability when providing services to that parent.
42 U.S.C. § 12132 (“[N]o qualified individual with a disability shall,
by reason of such disability, be excluded from participation in or be
denied the benefits of the services . . . of a public entity, or be
subjected to discrimination by any such entity.”); see also 42 U.S.C.
§ 12102 (defining “disability” under the ADA); 42 U.S.C. § 12131(2)
(defining “public entity” and “qualified individual” under the ADA).
2 B. Preservation
¶7 Father asserts that this issue was preserved when he “filed his
notice pursuant to the ADA, and when the court — at the APR
hearing — acknowledged [his] notice and the accommodations [he]
needed.” We disagree.
¶8 Father filed a “Notice of ADA Applicability and Request for
Accommodations,” requesting accommodations from both the
Department and the juvenile court. At the APR hearing, the court
“note[d] as a matter of record that [father] requested, and the court
provided, ADA accommodations.” The court went on to find that,
“up through this matter and including today’s proceeding, the
Court has provided accommodations to [father] so that he could,
ideally, appear and participate effectively in these proceedings.”
Father does not contest these findings regarding accommodations
made by the juvenile court.
¶9 We understand father’s argument to now be that the
Department failed to provide reasonable accommodations and
therefore failed to make reasonable efforts to rehabilitate him. But,
other than filing an ADA notice in which accommodations were
requested several months before the APR hearing, Father did not
3 raise at any stage of the proceedings an argument that the
Department had failed to make reasonable efforts or had failed to
provide him with reasonable accommodations. And, perhaps for
this reason, the record does not contain any findings or orders
regarding accommodations that might have been made by the
Department. People in Interest of T.E.R., 2013 COA 73, ¶ 30
(generally, issues not raised in the trial court will not be considered
on appeal).
¶ 10 To preserve an issue for appellate review, a party must alert
the juvenile court to the issue so that the court has an adequate
opportunity to make findings of fact and conclusions of law.
Forgette v. People, 2023 CO 4, ¶ 21. While “[w]e do not require that
parties use ‘talismanic language’ to preserve particular arguments
for appeal, . . . the trial court must be presented with an adequate
opportunity to make findings of fact and conclusions of law on any
issue before we will review it.” People v. Melendez, 102 P.3d 315,
322 (Colo. 2004) (citations omitted).
¶ 11 Father ties his ADA claims to the Department’s general
obligation to provide parents with reasonable efforts. But a
reasonable-efforts finding was not required here because (1) the
4 child was placed and remained with mother — not in out of home
placement — throughout the case; and (2) the court allocated
responsibilities between mother and father, rather than to a
nonparent. See People in Interest of S.K., 2019 COA 36, ¶ 34; see
also §§ 19-1-103(114), 19-3-100.5(1), 19-3-208(1), 19-3-604(2)(h),
C.R.S. 2025; cf. People in Interest of A.S.L., 2022 COA 146 ¶ 20 (the
Department has a statutory obligation to provide reasonable efforts
to reunify the family and avoid out-of-home placement when the
juvenile court enters an APR to a nonparent). Father did not ask
the juvenile court to depart from this established precedent to
determine that reasonable efforts should have been required
because of his circumstances, and indeed, the court did not make
any reasonable efforts findings in its verbal or written APR orders.
¶ 12 Similarly, father asserts that a court must consider reasonable
efforts when assessing whether a parent is fit. § 19-3-604(2)(h).
But again, the Children’s Code does not require a fitness
determination as part of an APR judgment, father did not ask for,
nor did the court make a fitness finding. See People in Interest of
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25CA2168 Peo in Interest of EL 04-09-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA2168 Adams County District Court No. 24JV30182 Honorable Kelley R. Southerland, Judge
The People of the State of Colorado,
Appellee,
In the Interest of E.L., a Child,
and Concerning J.L.,
Appellant.
JUDGMENT AFFIRMED
Division A Opinion by JUDGE ASHBY* Román, C.J., and Graham*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced April 9, 2026
Heidi Miller, County Attorney, Emily Platt, Assistant County Attorney, Westminster, Colorado, for Appellee
Jenna L. Mazzucca, Guardian Ad Litem
Patrick R. Henson, Office of Respondent Parents’ Counsel, Chelsea A. Carr, Office of Respondent Parents’ Counsel, Denver, Colorado, for Appellant
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2025. ¶1 In this dependency and neglect action, J.L. (father) appeals the
judgment allocating parental responsibilities for E.L. (the child) to
K.C. (mother). We affirm.
I. Background
¶2 The Adams County Human Services Department (the
Department) filed a petition in dependency and neglect, alleging
that father engaged in a “pattern of neglect with [the child]’s
hygiene, mental health, and education.” Temporary custody of the
child was granted to mother, who maintained custody of the child
throughout the proceedings.
¶3 The juvenile court adjudicated the child as to father and
deferred an adjudication as to mother. Mother later moved for an
allocation of parental responsibilities (APR), and the juvenile court
granted the motion after a contested hearing.
II. The APR
¶4 Father generally contends that the juvenile court erred by
entering the APR because the Department failed to provide
reasonable accommodations as required under the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101-12213, and its related
amendments and implementing regulations (the ADA).
1 A. Standard of Review and Relevant Law
¶5 Allocating parental responsibilities is a matter within the
sound discretion of the juvenile court. See In re B.R.D., 2012 COA
63, ¶ 15. Although the juvenile court must allocate parental
responsibilities to best serve “the interests of the child and the
public,” § 19-3-507(1)(a), C.R.S. 2025, the Children’s Code does not
prescribe any specific factors the juvenile court must consider in
making its decision. People in Interest of C.M., 116 P.3d 1278, 1281
(Colo. App. 2005).
¶6 Under the ADA, both the Department and the juvenile court
must generally provide reasonable accommodations to a parent
with a qualifying disability when providing services to that parent.
42 U.S.C. § 12132 (“[N]o qualified individual with a disability shall,
by reason of such disability, be excluded from participation in or be
denied the benefits of the services . . . of a public entity, or be
subjected to discrimination by any such entity.”); see also 42 U.S.C.
§ 12102 (defining “disability” under the ADA); 42 U.S.C. § 12131(2)
(defining “public entity” and “qualified individual” under the ADA).
2 B. Preservation
¶7 Father asserts that this issue was preserved when he “filed his
notice pursuant to the ADA, and when the court — at the APR
hearing — acknowledged [his] notice and the accommodations [he]
needed.” We disagree.
¶8 Father filed a “Notice of ADA Applicability and Request for
Accommodations,” requesting accommodations from both the
Department and the juvenile court. At the APR hearing, the court
“note[d] as a matter of record that [father] requested, and the court
provided, ADA accommodations.” The court went on to find that,
“up through this matter and including today’s proceeding, the
Court has provided accommodations to [father] so that he could,
ideally, appear and participate effectively in these proceedings.”
Father does not contest these findings regarding accommodations
made by the juvenile court.
¶9 We understand father’s argument to now be that the
Department failed to provide reasonable accommodations and
therefore failed to make reasonable efforts to rehabilitate him. But,
other than filing an ADA notice in which accommodations were
requested several months before the APR hearing, Father did not
3 raise at any stage of the proceedings an argument that the
Department had failed to make reasonable efforts or had failed to
provide him with reasonable accommodations. And, perhaps for
this reason, the record does not contain any findings or orders
regarding accommodations that might have been made by the
Department. People in Interest of T.E.R., 2013 COA 73, ¶ 30
(generally, issues not raised in the trial court will not be considered
on appeal).
¶ 10 To preserve an issue for appellate review, a party must alert
the juvenile court to the issue so that the court has an adequate
opportunity to make findings of fact and conclusions of law.
Forgette v. People, 2023 CO 4, ¶ 21. While “[w]e do not require that
parties use ‘talismanic language’ to preserve particular arguments
for appeal, . . . the trial court must be presented with an adequate
opportunity to make findings of fact and conclusions of law on any
issue before we will review it.” People v. Melendez, 102 P.3d 315,
322 (Colo. 2004) (citations omitted).
¶ 11 Father ties his ADA claims to the Department’s general
obligation to provide parents with reasonable efforts. But a
reasonable-efforts finding was not required here because (1) the
4 child was placed and remained with mother — not in out of home
placement — throughout the case; and (2) the court allocated
responsibilities between mother and father, rather than to a
nonparent. See People in Interest of S.K., 2019 COA 36, ¶ 34; see
also §§ 19-1-103(114), 19-3-100.5(1), 19-3-208(1), 19-3-604(2)(h),
C.R.S. 2025; cf. People in Interest of A.S.L., 2022 COA 146 ¶ 20 (the
Department has a statutory obligation to provide reasonable efforts
to reunify the family and avoid out-of-home placement when the
juvenile court enters an APR to a nonparent). Father did not ask
the juvenile court to depart from this established precedent to
determine that reasonable efforts should have been required
because of his circumstances, and indeed, the court did not make
any reasonable efforts findings in its verbal or written APR orders.
¶ 12 Similarly, father asserts that a court must consider reasonable
efforts when assessing whether a parent is fit. § 19-3-604(2)(h).
But again, the Children’s Code does not require a fitness
determination as part of an APR judgment, father did not ask for,
nor did the court make a fitness finding. See People in Interest of
L.B., 254 P.3d 1203, 1208 (Colo. App. 2011) (an APR must be
determined in accordance with a child’s best interests; a finding of
5 parental unfitness is not required for an APR for a child adjudicated
dependent or neglected).
¶ 13 In short, while father generally claims that the APR was
entered in error, he does not and cannot point us to any finding
made by the court that we can review. It is worth noting that father
did ask the court for clarification of its APR order as to third-party
supervision of his parenting time and whether the court was solely
relying on Title 14 in making its best interests determination. But
father did not ask the juvenile court to review or make findings
about any reasonable accommodations provided by the Department
before or after entering the APR judgment, and there are not any
relevant findings for us to review as part of his appeal. Arguments
never presented to, considered by, or ruled on by the trial court
may not be raised for the first time on appeal. People in Interest of
K.L–P., 148 P.3d 402, 403 (Colo. App. 2006).
¶ 14 Father correctly notes that divisions of this court have
considered unpreserved issues when a failure to do so may result in
a miscarriage of justice. See People in Interest of M.B., 2020 COA
13, ¶ 21 (“[G]iven the constitutional nature of parental rights, we
will recognize a miscarriage of justice exception for review of
6 unpreserved errors.”) We decline to do so here because the APR
judgment did not sever father's parental rights and father does not
assert any other reason why the APR might belong to the class of
"rare cases, involving unusual or special circumstances" to which a
miscarriage of justice exception might apply. See People in Interest
of E.R.S., 2019 COA 40, ¶ 38.
III. Disposition
¶ 15 Father does not claim that the APR judgment unduly
restricted his parenting time or parental responsibilities, runs afoul
of other state or federal directives concerning the ADA, or is in any
way deficient. Absent such a showing, father’s request to vacate
the APR judgment because of any failure of the Department to
provide reasonable efforts through ADA accommodations during the
dependency and neglect proceeding must fail.
¶ 16 The judgment is therefore affirmed.
CHIEF JUDGE ROMÁN and JUDGE GRAHAM concur.