People ex rel. B.C.

122 P.3d 1067, 2005 Colo. App. LEXIS 1468
CourtColorado Court of Appeals
DecidedSeptember 8, 2005
DocketNo. 04CA1933
StatusPublished
Cited by55 cases

This text of 122 P.3d 1067 (People ex rel. B.C.) 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.

Bluebook
People ex rel. B.C., 122 P.3d 1067, 2005 Colo. App. LEXIS 1468 (Colo. Ct. App. 2005).

Opinion

Opinion by:

Judge LOEB.

M.S.C. (mother) appeals from a judgment terminating the parent-child legal relationship between her and her children, B.C., A.C., R.C., and R.C. We affirm.

This expedited dependency and neglect proceeding was filed on September 10, 2002, because of concerns about mother’s ability to provide proper care for the children. At that time, mother was living in a motel with the children, the youngest of whom was diagnosed with failure to thrive and immediately placed in foster care.

As the proceeding progressed, concerns arose about mother’s mental health and domestic violence between her and the father. Eventually, the three older children had to be removed from the home, and mother was ordered to participate in therapeutic supervised visitation. Three months later, on September 25, 2003, the People filed a motion to terminate her parental rights pursuant to § 19 — 3—604(l)(c), C.R.S.2004.

Following a visit on September 30, 2003, the county department of social services (department) unilaterally suspended visits with the three older children because of mother’s lack of cooperation with the visit supervisors. The trial court reinstated the visits on October 14, 2003, after a hearing on mother’s motion to compel court-ordered visits.

Two weeks later, on October 29, 2003, mother got upset during a visit with the three older children. She yelled obscenities and physically overturned a dining room table, an outburst which was extremely frightening to the children. The following day, the department sought and received an ex parte order suspending further visits. Shortly thereafter, the guardian ad litem (GAL) filed a motion to suspend visits between mother and the youngest child.

After a review hearing on December 2, 2003, the trial court ordered that mother could send letters and gifts to the children through their therapists, and it set the GAL’s motion to suspend visits with the youngest child for hearing on January 7, 2004. At the conclusion of the January hearing, the trial court denied mother’s request to resume visitation and ordered the children’s therapists to devise a written plan for resumption of visits.

During a pretrial readiness conference on January 29, 2004, the court again reviewed the issue of visitation because of the therapists’ failure to submit a written visitation plan. The trial court ordered the department to ask the therapists to submit the visitation plan by February 6, 2004.

The older children’s therapists submitted a visitation plan that contained eight detailed steps for resumption of visits, beginning with brief written correspondence to the children and culminating in lengthy unsupervised visits. The plan required mother to comply with her treatment plan, to gain an understanding and recognition of the children’s individual needs, and to demonstrate appropriate parental concern. Finally, the plan advised that it was only a guideline, the success of which was dependent on mother’s progress. The youngest child’s therapist did not devise a plan to resume visitation, citing the pervasive impact of the abuse and trauma suffered by the child while in mother’s care and the likelihood of disruption of the child’s progress upon contact with mother.

When the termination hearing began on March 1, 2004, mother asserted that the trial court had improperly delegated the decision to resume visitation to the children’s therapists and asked that visits be reinstated. Having recently retained new counsel, she also sought a continuance.

Because the termination hearing had been set with a break between the presentation of the People’s and mother’s cases, the trial court denied the continuance and stated that it would consider resumption of visitation on the basis of the evidence presented during [1070]*1070three days allotted for the People’s case. After hearing the testimony of the children's therapists, the visit supervisors, the foster parents, the caseworker, the psychologist who evaluated mother, the children’s day care providers, the parents, and their family representative, the trial court found that mother had not successfully complied with the visitation plan submitted by the children’s therapists and that resumption of visits was not in the children’s best interests.

The termination hearing resumed on May 3, 2004, for presentation of the father’s case. Mother’s case was continued until July 19, 2004. On June 8, 2004, however, mother filed a motion for a forthwith hearing regarding visitation. Following an evidentiary hearing, the trial court denied mother’s request to modify the therapists’ visitation plan and to reinstate visits, and it ordered the therapists to provide written feedback concerning the appropriateness of mother’s letters and cards written pursuant to the visitation plan.

The termination hearing concluded on July 19, 2004. Finding that the criteria for termination set forth in § 19 — 3—604(l)(c) had been established by clear and convincing evidence, the trial court terminated mother’s parental rights. This appeal followed.

I.

Mother contends the trial court erred in delegating to the children’s therapists its decision-making responsibility to determine when visitation with the children could resume. She argues that the Colorado Children’s Code (Code), § 19-1-101, et seq., C.R.S.2004, requires the trial court to make decisions regarding contact between a parent and a child. She also argues that the children’s therapists, unlike the trial court, had no duty to weigh the competing interests embodied in the Code and no obligation to recognize her fundamental liberty interest in the care, custody, and management of the children. Although we agree that decisions concerning visitation may not be unconditionally delegated to third persons, we perceive no reversible error under the circumstances of this case.

Among the express purposes of the Code is preservation of family ties. Section 19-1-102(1)(b), C.R.S.2004. However, the Code’s overriding purpose is to protect the welfare and safety of children by providing procedures through which their best interests can be served. L.G. v. People, 890 P.2d 647 (Colo.1995); see § 19-1-102, C.R.S.2004.

To this end, dependency and neglect proceedings focus primarily on the protection and safety of children susceptible to harm from the effect of abuse and neglect, not on the custodial interest of the parent. L.G. v. People, supra; People in Interest of C.M., 116 P.3d 1278 (Colo.App.2005). When custodial issues arise in a dependency and neglect proceeding, they are governed by the Code, not the Uniform Dissolution of Marriage Act (UDMA), § 14-10-101, et seq., C.R.S.2004. L.A.G. v. People in Interest of A.AG., 912 P.2d 1385 (Colo.1996); People in Interest of D.C., 851 P.2d 291 (Colo.App.1993).

Section 19-3-208, C.R.S.2004, which sets forth the services to be provided to meet the reasonable efforts standard for children placed out of the home, see §§ 19-1-103(89), 19-3-100.5, C.R.S.2004, is the only provision of the Code that addresses visitation.

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Cite This Page — Counsel Stack

Bluebook (online)
122 P.3d 1067, 2005 Colo. App. LEXIS 1468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-bc-coloctapp-2005.