People ex rel. L.D.

671 P.2d 940, 1983 Colo. LEXIS 633
CourtSupreme Court of Colorado
DecidedOctober 31, 1983
DocketNo. 82SA310
StatusPublished
Cited by3 cases

This text of 671 P.2d 940 (People ex rel. L.D.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. L.D., 671 P.2d 940, 1983 Colo. LEXIS 633 (Colo. 1983).

Opinion

ROVIRA, Justice.

This is an appeal from the order of the trial court terminating the parental relationship between M.D. and E.D., respondents, and their children L.D. and D.D.1 We affirm.

I.

In April 1977, the Weld County Attorney’s Office filed a petition in the district court alleging that L.D., born October 3, 1970, and D.D., born November 28, 1974, were dependent or neglected. The petition stated that the children were not receiving proper care, that L.D. exhibited bruises which she claimed were inflicted by her mother, E.D., and that the children were left unsupervised for long periods of time. Based upon these allegations, the district court entered an order allowing the Weld County Department of Social Services to take the children into temporary custody and to place them in a foster home.

Social Services placed L.D. in the Glover Receiving Home for approximately two months. In June 1977, she was placed in a [941]*941foster home where she remained until November 1978. At that time, the foster parents, no longer able to cope with her behavioral problems, requested that she be removed. L.D. was then placed with Mr. and Mrs. W., who have cared for her since.

D.D. returned to his parents shortly after the temporary order was signed in April 1977, but in August 1977, Social Services placed him in the same foster home as his sister. He remained in that home until November 1978, at which time he also was placed with Mr. and Mrs. W.

In December 1977, the county attorney’s office filed an amended petition of neglect or dependency. In addition to the allegations made in the original petition, the amended petition stated that the constant fighting of the respondents made the home environment injurious to the children’s welfare. It gave notice that termination of the parent-child legal relationship was a possible remedy if the court sustained the petition.

In January 1978, upon stipulation of the parties, the court approved the first treatment plan. It authorized continued foster care for the children; required the parents to undergo a psychological evaluation to assess their capabilities to function as parents; ordered the parents to cease all physical fighting; required E.D. to demonstrate an interest in mothering her children; mandated continued counseling for the parents; ordered an evaluation of L.D. to determine the extent of her developmental disability; and advised the parents that failure to comply with the treatment plan might result in termination of their parental rights.

In June 1978, trial began on the issue of whether the children were neglected or dependent. The trial court heard extensive testimony about the respondents and their children, dating back to a time before the original petition was filed and continuing to the time of trial. In its oral findings, the trial court summarized the evidence and found that L.D. had developmental problems which were related to the care, or lack of care, available from her parents. It determined that D.D. was a child with special abilities who needed more care than his parents could provide. The court concluded that because of the respondents’ marital difficulties and limited mental abilities, they were unable to care for their children. It found that both children, but particularly L.D., had not received the proper care and treatment necessary for their health and development and declared both children dependent or neglected.

At the dispositional hearing in September 1978, the court heard further testimony and received in evidence the reports of the Children’s Diagnostic Center of the University of Colorado concerning L.D. and D.D.2 The report concerning L.D. noted that she was a mentally retarded child who had achieved significant gains in social behavior during her foster home placement. It concluded that L.D. was unattached to her mother and that E.D. did not have the capacity to “parent adequately or safely.” The report recommended that “at this time parental rights not be terminated since the relationship with L.D. and her father seems of benefit to her.” It further recommended that L.D. remain in foster care and that visitation with E.D. and M.D. be closely monitored.

The report on D.D. stated that his functioning during intellectual testing was in the bright normal range, that he separated easily from his parents, and that he appeared to be a healthy child, developing well in all areas. It recommended that D.D. remain in foster care but found no reason “at this time” to recommend terminating parental rights. Although the report stated that M.D., the father, “at this time in D.D.’s life offers a warm relationship,” neither E.D. nor M.D. was considered capable of providing adequate structure, nurturance, or supervision for either L.D. or D.D.

At the conclusion of the dispositional hearing, the court ordered a second treat-

[942]*942xnent plan which had already been agreed to by the parties. This plan required the respondents to seek marital counseling and to maintain a stable home environment. It provided that E.D. would continue in the mental health program known as “Stepping Stones” and would be evaluated to determine whether medication was needed to reduce her psychotic symptoms. The parents would enroll and participate in parenting classes, and M.D. would seek and maintain employment. Finally, the plan ordered continued visitation between the parents and the children. The court advised the parents again that failure to comply with the treatment plan or failure of the treatment plan to succeed might result in the termination of the parent-child legal relationship.

In April 1979, petitioner filed a motion to terminate the parent-child legal relationship along with a motion to terminate visitation. The latter motion was heard first. At this hearing, Mrs. W., the children’s foster mother, testified that visitation with E.D. and M.D. had a negative effect on the children. Dr. Laurence P. Kerrigan, a clinical psychologist, testified that parental visitation was very harmful to L.D. and, while less traumatic to D.D., clearly bothered and upset D.D. as well.

Richard Schaub, a psychotherapist, testified that he had been seeing L.D. twice a week since February 1979. He considered L.D. to be an unattached child who came from an environment which inhibited her from developing in a healthy way mentally, physically, or emotionally. He was of the opinion that in order ■ for therapy to be effective, visitation should be discontinued.

The trial court granted the motion finding that in the previous nine months, the parents had visited the children only twice and that further visitation would not be in the best interests of the children. At the request of respondents’ counsel, the court authorized funds to retain an expert witness and set a date for a hearing on the motion to terminate parental rights.

In June 1979, trial began on the motion to terminate the parent-child legal relationship. After extensive testimony, the trial court found that the children had been adjudicated dependent or neglected, that respondents were unfit parents, and that respondents’ emotional and mental condition was of such duration and nature as to render them unlikely, within a reasonable time, to be capable of caring for the ongoing physical and emotional needs of L.D. and D.D.

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Related

People ex rel. C.B.
740 P.2d 11 (Supreme Court of Colorado, 1987)
People in Interest of CB
740 P.2d 11 (Supreme Court of Colorado, 1987)
People in Interest of LD
671 P.2d 940 (Supreme Court of Colorado, 1983)

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Bluebook (online)
671 P.2d 940, 1983 Colo. LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-ld-colo-1983.