Peo in Interest of OL-F

Colorado Court of Appeals·Decided November 6, 2025·No. 25CA0177·Unpublished

Opinion

25CA0177 Peo in Interest of OL-F 11-06-2025 COLORADO COURT OF APPEALS

Court of Appeals No. 25CA0177 Adams County District Court No. 21JV285 Honorable Caryn A. Datz, Judge

The People of the State of Colorado, Appellee, In the Interest of O.L-F. and C.L-F., Children, and Concerning R.L. and J.F., Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE GRAHAM*

Lum and Berger*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Announced November 6, 2025

Heidi Miller, County Attorney, Deborah Kershner, Assistant County Attorney, Westminster, Colorado, for Appellee

Debra W. Dodd, Guardian Ad Litem

The Morgan Law Office, Kristofr P. Morgan, Colorado Springs, Colorado, for Appellant R.L.

Joel M. Pratt, Office of Respondent Parents’ Counsel, Colorado Springs, Colorado, for Appellant J.F.

*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 J.F. (father) and R.L. (mother) appeal the judgment terminating their parent-child legal relationships with O.L-F. and C.L-F. (the children). We affirm.

I. Background

¶2 In 2019, the Adams County Human Services Department initiated an action in dependency or neglect involving this family, which closed about two years later with an allocation of parental responsibilities (APR). The juvenile court awarded father sole custody and decision-making authority, while mother received supervised parenting time. Less than four months later, the Department filed another petition in dependency or neglect, after father was arrested for allegedly pointing a firearm at his roommate in the children’s presence.

¶3 Father admitted to the allegations and agreed to a deferred adjudication under section 19-3-505(5), C.R.S. 2025, which required him to comply with a treatment plan that addressed, among other things, anger management, substance abuse, and stability. Several months later, the juvenile court revoked father’s deferred adjudication, adjudicated the children dependent or neglected, and formally adopted his treatment plan.

¶4 Father appealed the adjudication, asserting, in part, that the Department had not made reasonable accommodations for his disability under the Americans with Disabilities Act (ADA). See People in Interest of O.L-F., slip op. at ¶¶ 19-24 (Colo. App. No. 22CA2208, Aug. 10, 2023) (not published pursuant to C.A.R. 35(e)) (O.L-F. I). The division rejected father’s ADA argument and affirmed the judgment. Id. at ¶¶ 24, 26.

¶5 Meanwhile, the Department and father’s legal team began working on amendments to father’s treatment plan that would more specifically address accommodations for his disability. And in November 2023, the juvenile court adopted an amended treatment plan that incorporated those amendments.

¶6 As for mother, the Department could not locate her when it initiated this case. Mother did not appear at the adjudication hearing, so the juvenile court entered an adjudication by default judgment. The court then adopted a treatment plan for mother that required her to provide for the children’s needs and give them a safe and stable environment. Mother never appeared in court after her treatment plan was adopted, and the Department did not have any contact with her during that time.

¶7 In July 2024, the Department and guardian ad litem filed a joint motion to terminate the parents’ parental rights. The juvenile court held an evidentiary hearing over five days in December 2024. After hearing the evidence, the court entered a thorough, written order granting the motion and terminating the parent-child legal relationships between the parents and the children under section 19-3-604(1)(c), C.R.S. 2025.

II. Reasonable Efforts

¶8 Father asserts that the juvenile court erred by finding that the Department made reasonable efforts to rehabilitate him and reunify him with the children. We disagree.

A. Applicable Law and Standard of Review

¶9 Before terminating parental rights under section 19-3-604(1)(c), the juvenile court must find, among other things, that the parent is unfit. § 19-3-604(1)(c)(II). In assessing a parent’s fitness, the court should consider whether the department made reasonable efforts to rehabilitate the parent and reunite the family. §§ 19-1-103(114), 19-3-208, 19-3-604(2)(h), C.R.S. 2025. “Reasonable efforts” is defined as the “exercise of diligence and care” to reunify parents with their children, and the department’s

reasonable efforts obligation is satisfied if it provides services in accordance with section 19-3-208. § 19-1-103(114).

¶ 10 When determined “necessary and appropriate,” the department must provide (1) screening, assessments, and individual case plans; (2) home-based family and crisis counseling; (3) information and referral services; (4) family time; and (5) placement services. § 19-3-208(2)(b). The juvenile court should consider whether the services provided were appropriate to support the parent’s treatment plan, People in Interest of S.N-V., 300 P.3d 911, 915 (Colo. App. 2011), by “considering the totality of the circumstances and accounting for all services and resources provided to a parent to ensure the completion of the entire treatment plan,” People in Interest of My.K.M. v. V.K.L., 2022 CO 35,

¶ 33.

¶ 11 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. We review the juvenile court’s factual findings for clear error and review de novo its legal determination, based on those findings, as to whether the department satisfied its reasonable efforts obligation. Id.

B. Reasonable Accommodations

¶ 12 Father first contends that the Department failed to make reasonable efforts because it did not make reasonable accommodations for him as required by the ADA. We are not persuaded.

¶ 13 Services provided under section 19-3-208 must comply with the ADA. See § 19-3-208(2)(g). The ADA mandates that public entities — such as a county department of human services — make reasonable modifications to existing policies and services to reasonably accommodate qualified individuals with disabilities. 42 U.S.C. § 12101(a)(5). A parent may be a qualified individual with a disability if the parent has a “physical or mental impairment that substantially limits one or more major life activities.” 42 U.S.C. § 12102(1)(A).

¶ 14 A parent is responsible for disclosing information regarding a disability and any accommodations that are needed to address the disability. See People in Interest of S.K., 2019 COA 36, ¶ 21. Whether a parent is a qualified individual with a disability under the ADA requires a fact-specific determination that, if disputed, the juvenile court should resolve. See id. at ¶ 21 n.2. And if the court

determines that a parent is a qualified individual with a disability, it must consider whether reasonable accommodations were made for the parent’s disability when determining whether the department made reasonable efforts. Id. at ¶ 34.

¶ 15 In the present case, father did not formally raise the ADA until he appealed the adjudication judgment. See O.L-F. I, No. 22CA2208, slip op. at ¶ 6. At the termination hearing, the second caseworker testified that, after father appealed in December 2022, he made requests for “around 40 different ADA accommodations.” Then, in March 2023, father requested a finding from the juvenile court that he was a person with a qualifying disability under the ADA and therefore needed reasonable accommodations. In his motion, father asserted that his mental and physical impairments impacted his ability to manage stress and regulate emotional responses, focus and recall information, and follow through with tasks. Father also attached the list of requested accommodations, some of which the Department was already providing or had agreed to provide.

¶ 16 In April 2022, the juvenile court denied father’s motion because he had not complied with its order to provide the

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