People ex rel. C.L.S.

705 P.2d 1026, 1985 Colo. App. LEXIS 1211
CourtColorado Court of Appeals
DecidedJune 27, 1985
DocketNo. 84CA1223
StatusPublished
Cited by5 cases

This text of 705 P.2d 1026 (People ex rel. C.L.S.) 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. C.L.S., 705 P.2d 1026, 1985 Colo. App. LEXIS 1211 (Colo. Ct. App. 1985).

Opinion

PIERCE, Judge.

R.L.S. and S.A.(H.)S. (the parents) appeal from the trial court order terminating their parent-child legal relationship with C.L.S. and C.A.S., their minor children. We reverse.

In August 1983, after having received a report that C.L.S. and C.A.S. were abused and neglected, a caseworker for the Grand County Department of Social Services (department), with the aid of the sheriff’s department, removed the children from the home. On the following day, the trial court granted the People’s motion giving temporary custody of the children to the department. The People then filed petitions in dependency and neglect with respect to each child.

Shortly thereafter, the parents moved to Adams County where they had resided pri- or to moving to Grand County. On September 29, 1983, after several continuances at the parents’ behest, a hearing was held during which they admitted the allegations of the dependency and neglect petitions, with the exceptions of those allegations pertaining to termination of the parent-child legal relationship. The trial court accepted the parents’ admissions, and approved a treatment plan recommended by the department and agreed upon by the parents.

The treatment plan required the parents to (1) develop homemaking skills and provide a clean, safe, and healthy home environment for the children prior to consideration of the children’s return to the home; (2) attend and bear the cost of parenting classes which addressed issues concerning realistic expectations of children at various stages of development; (3) attend and bear [1028]*1028the cost of individual counselling sessions which addressed anger and frustration; and (4) contact the department for supervised visitation with the children. In addition, the parties orally agreed that the children would be gradually integrated into the parents’ custody.

In November and December 1983, the parents sought and were denied overnight visitation with their children. The trial court denied the requested visitations because the parents had not established a clean, safe home environment, and because the visits could not be supervised by the department in that they were for holiday periods.

Thereafter, the parents moved to withdraw their admission to the allegations contained in the dependency and neglect petitions. As grounds therefor, the parents asserted that the department had not integrated the children into their home, and therefore, they had not received the benefit of their agreement to admit the allegations of the petitions. This motion was denied following hearing.

On May 17, 1984, the trial court granted the People’s motion to amend the petitions in dependency and neglect to request termination of the parent-child legal relationship. The People did not file an amended motion until June 14, 1984. This motion, which was denominated “Amended Motion for Termination of Parental Rights,” set forth the factual grounds for termination for the first time. The termination hearing, which had been previously set, remained scheduled for July 5, 1984.

The parents sought a continuance of the termination hearing alleging, among other things, that the People had failed to file the motion for termination thirty days prior to the scheduled hearing. Following argument, the trial court denied the parents’ motion for continuance, and the termination hearing was commenced. On August 17, 1984, following completion of the hearing, the trial court terminated the parents’ parent-child legal relationship pursuant to § 19-ll-105(l)(b), C.R.S. (1978 Repl. Vol. 8). The parents appeal, asserting numerous contentions of error.

I.

We agree with the parents’ contention that the trial court committed reversible error by commencing the termination hearing within thirty days of the written motion for termination.

Section 19-11-103(1), C.R.S. (1978 Repl. Yol. 8) provides:

“Termination of a parent-child legal relationship shall be considered only after the filing of a written motion alleging the factual grounds for termination, and termination of a parent-child legal relationship shall be considered at a separate hearing following an adjudication of a child as dependent or neglected. Such motion shall be filed at least thirty days before such hearing.” (emphasis added)

Asserting that this provision is only a notice requirement, the People argue that the granting of their motion to amend the petitions gave respondents more than thirty days notice of their intent to terminate the parents’ parental rights and constituted substantial compliance with the notice requirement of the statute. We disagree.

Termination of the parent-child legal relationship is a drastic remedy, People in Interest of Baby Girl D., 44 Colo.App. 192, 610 P.2d 1086 (1980), which affects a parent’s fundamental liberty interest. See Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); People in Interest of E.A., 638 P.2d 278 (Colo. 1982).

In view of this concept, the General Assembly has imposed various conditions which must be satisfied before entry of a judgment terminating the parent-child legal relationship. People in Interest of Baby Girl D., supra. By using the word “shall,” the General Assembly has made these requirements mandatory, and total failure to satisfy them cannot constitute substantial compliance. People in Interest [1029]*1029of Baby Girl D., supra; People in Interest of J.B., 702 P.2d 753 (Colo.App.1985).

Accordingly, the People’s failure to file a written motion setting forth the factual grounds for termination at least thirty days prior to hearing thereon cannot constitute substantial compliance with § 19-11-103(1), C.R.S. (1978 Repl.Yol. 8). See People in Interest of Baby Girl D., supra; People in Interest of J.B., supra. Cf. People in Interest of E.A., supra; People in Interest of H.A. C., 198 Colo. 260, 599 P.2d 881 (1979); Johnson v. People, 170 Colo. 137, 459 P.2d 579 (1969) (all of which were decided prior to the effective date of § 19-11-101, et seq., C.R.S. (1978 Rep.Yol. 8)).

II.

Because several of the parents’ remaining contentions of error are likely to arise on remand, we will discuss them here.

A.

The parents contend that prior to termination of their parent-child legal relationship, their children had not been adjudicated dependent or neglected. The record belies this contention, displaying the parents’ admissions to the allegations of dependency and neglect contained in the petition, together with the trial court’s acceptance thereof and entry of an order reflecting the same. See People in Interest of C.A.K., 652 P.2d 603 (Colo.1982).

B.

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Bluebook (online)
705 P.2d 1026, 1985 Colo. App. LEXIS 1211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cls-coloctapp-1985.