People ex rel. L.G.

737 P.2d 431, 1987 Colo. App. LEXIS 712
CourtColorado Court of Appeals
DecidedFebruary 26, 1987
DocketNo. 85CA1462
StatusPublished
Cited by1 cases

This text of 737 P.2d 431 (People ex rel. L.G.) 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. L.G., 737 P.2d 431, 1987 Colo. App. LEXIS 712 (Colo. Ct. App. 1987).

Opinion

SMITH, Judge.

Respondent, L.G., appeals the order of the trial court terminating the parent-child relationship between her and her daughter, L.G., II. (the child) We affirm.

This action was initiated on October 20, 1982, when a petition was filed against L.G. and her husband, R.G., alleging that the child, a new-born infant, was dependent or neglected. At the time, both parents were in-patients at the Colorado State Hospital. L.G. had a diagnosis of chronic organic brain syndrome related to a brain tumor for which she had undergone surgery when she was nine years old. She also suffered from a severe seizure disorder. R.G. was admitted to the hospital pursuant to a verdict of not guilty to first degree murder by reason of insanity.

The parties stipulated that the child was, in fact, dependent or neglected and a treatment plan was approved by the court which required both parents, inter alia, to participate fully in psychiatric treatment and demonstrate significant progress towards the solution of all psychiatric problems, to secure and maintain stable independent living arrangements appropriate for their child, to maintain regular visits with the child, to demonstrate understanding of her parenting needs, and to engage in counseling with the caseworker from the Department of Social Services (DSS) for the pur[433]*433pose of learning and improving parenting skills.

On April 23, 1984, DSS filed a motion to terminate the parent-child relationship between the child and both of her parents. A hearing on the matter was held in January 1985. At that time, L.G. had recently been discharged from the Colorado State Hospital and was being treated in that facility’s partial care program. She was also pregnant.

Because the court was concerned about the effect an adverse ruling in this case might have on the mother and unborn child, it continued the matter for the issuance of its order until after the expected child was born. On September 3, 1985, the hearing was resumed solely for the purpose of taking additional testimony to update the court concerning any new developments which had occurred since the parties had been in court in January.

During this hiatus in the proceeding, the attorney who represented L.G. at the January portion of the hearing left the employ of the Pueblo County Legal Services, and on July 31, 1985, a new attorney was appointed to the case. On August 8, 1985, the new attorney requested a continuance so that she would have time to prepare adequately for the conclusion of the hearing. She further requested that an expert be appointed to examine L.G. Both motions were denied, the hearing was resumed, and the court entered its order terminating the parent-child relationship between L.G., R.G., and the child on September 4, 1985.

I.

L.G. argues that the trial court erred in failing to make findings showing that it had considered and specifically eliminated less drastic alternatives to termination. She further alleges that the court erred in failing to find that under no reasonable circumstances could the welfare of the child be served by continuing the parent-child relationship. We disagree.

The criteria which the trial court must apply when terminating parental rights under circumstances in which, as here, the dependency or neglect petition is filed on or after July 1, 1977, are set forth in § 19-11-105, C.R.S. (1986 Repl. Vol. 8B). While § 19-11-105 does not require a trial court to make express findings that it has considered and eliminated less drastic alternatives, adherence to the statutory criteria set forth therein implicitly requires that a court consider and reject these alternatives before entering an order of termination. People in Interest of M.M., 726 P.2d 1108 (Colo.1986).

While it is a better practice for the trial court to enter specific findings on this issue, as long as the court’s findings conform to the statutory criteria for termination and are adequately supported by evidence in the record, a reviewing court may presume that the trial court considered and eliminated less drastic alternatives. People in Interest of M.M., supra.

Similarly, if the trial court adequately addressed the criteria set forth in § 19-11-105, implicit in its findings is a determination that under no reasonable circumstances could the welfare of the child be served by continuing the parent-child relationship. In this case, the trial court specifically addressed each of the criteria set forth in § 19-11-105 and its findings are adequately supported by evidence in the record, thereby permitting us to presume that less drastic alternatives were considered and eliminated and that the court found that under no reasonable circumstances could the welfare of the child be served by continuing the parent-child relationship.

II.

L.G. next argues that the treatment plan approved by the court was not appropriate within the meaning of § 19-11-105(1)(b)(I) because it did not adequately take into account the fact that she suffers from a severe seizure disorder, she learns better by example, and she may have lower than normal intelligence. We disagree.

The purpose of a treatment plan is to preserve the parent-child relationship, if possible, by assisting the parents in overcoming the problems which led to the find[434]*434ing that the child was neglected or dependent. The appropriateness of the plan, must be evaluated by examining the likelihood of success in accomplishing this purpose. People in Interest of M.M., supra; People in Interest of C.A.K., 652 P.2d 603 (Colo.1982); People in Interest of B.J.D., 626 P.2d 727 (Colo.App.1981). The fact that a treatment plan is not ultimately successful does not mean that it was therefore inappropriate since, in many cases, it is virtually impossible to devise a plan which will guarantee success. People In Interest of M.M., supra.

During the time the treatment plan was in effect, L.G. was treated for her seizure disorder by a neurologist who testified at the termination hearing that she continued to have seizures even when properly taking her medication and that her prognosis for complete control of the seizure disorder was guarded. In his opinion, she would not be able to care for a child except with supervision and help.

The treatment plan does not specifically address L.G.’s seizure disorder, but we conclude from the expert testimony that there was nothing which could have been added to it which, in combination with her medical treatment, would have assisted L.G. in overcoming this problem.

L.G. also argues that the treatment plan was inappropriate because it failed to take into account that she learns better by example and that she may have lower than normal intelligence. However, testimony at the hearing established that DSS was aware of L.G.’s limitations and, pursuant to the treatment plan, tried several different methods of intervention with her in the attempt to find an effective way to improve her ability to parent her child. The fact that the DSS personnel were unsuccessful in finding one which would achieve the desired results does not render the plan inappropriate.

III.

L.G. next argues that the trial court erred in denying her motion for appointment of an expert witness. We disagree.

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Related

People in Interest of LG
737 P.2d 431 (Colorado Court of Appeals, 1987)

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737 P.2d 431, 1987 Colo. App. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-lg-coloctapp-1987.