People ex rel. S.J.C.

776 P.2d 1103, 13 Brief Times Rptr. 935, 1989 Colo. LEXIS 252
CourtSupreme Court of Colorado
DecidedJuly 24, 1989
DocketNo. 89SA65
StatusPublished
Cited by6 cases

This text of 776 P.2d 1103 (People ex rel. S.J.C.) 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. S.J.C., 776 P.2d 1103, 13 Brief Times Rptr. 935, 1989 Colo. LEXIS 252 (Colo. 1989).

Opinion

VOLLACK, Justice.

K.W.C. (respondent) appeals1 the decision of the Grand County District Court terminating his parent-child relationship with two of his natural children. He argues that section 19-3-604(l)(b)(I), 8B C.R.S. (1988 Supp.), is unconstitutional because the term “emotional illness” is vague. We affirm the judgment of the district court.

I.

The sequence of events leading to this appeal is based on testimony at the hearing on the motion to terminate respondent’s parental rights.

The Grand County Department of Social Services (Department) first became involved with the respondent’s family in December 1984, in response to a complaint that the home was dirty and unhealthy for the one-year-old child and newborn infant. The Department confirmed that the home was dirty. The respondent and his first wife agreed to clean the home. Six days later, the Department responded to a complaint of a family disturbance in which the respondent threatened suicide after finding his first wife in the company of other men. Although mental health professionals were notified, the Department was more concerned for the welfare of the two children. The Department continued its contact with the respondent’s family throughout 1985 and the first part of 1986. The Department provided day-care assistance to the children and responded to further complaints that the home was filthy, the children were dirty and wore soiled clothing.

The respondent and his first wife were divorced in October 1985. The respondent was awarded custody of the children. The Department placed the children in temporary protective custody in May 1986 after the respondent was hospitalized and unable [1104]*1104to care for the children. At that time a dependency and neglect petition was filed because the children were again found to be wearing soiled clothes and living in filth, and were diagnosed as anemic. A voluntary settlement was later reached by which the petition would be dropped if the respondent attended a nutrition, health, and hygiene class. The respondent substantially complied with the terms of the settlement and by September 1986 the children were returned to his custody under the Department's supervision.

In January 1987, the respondent left the county with the two children in the company of a woman named Valerie and an infant who was later determined to be the offspring of Valerie and the respondent. The respondent was ordered to return to the county and the children were again placed in foster care under the custody and supervision of the Department.

The respondent married Valerie in March 1987, got a job, and maintained supervised contact with the children.

A parent-child interaction evaluation was conducted by Kathleen Henken, a licensed social worker. The children were adjudicated dependent and neglected in September 1987. The respondent was ordered to undergo a psychiatric evaluation in December 1987. The evaluation was conducted by Dr. Seymour Z. Sundell, a forensic psychologist. In April 1988, a motion to terminate the parental rights of the respondent and his former wife was filed in the Grand County District Court. The motion alleged that the children had been adjudicated dependent and neglected, that a treatment plan had been ordered, that no treatment was possible in the future, and that the respondent had suffered from emotional illness of such a nature and duration as to render him unlikely within a reasonable time to care for the children’s needs. A hearing on the motion to terminate parental rights was scheduled.

The respondent moved to dismiss the case in May 1988 on the ground that the term “emotional illness” in section 19-3-604(l)(b)(I) was unconstitutionally vague. Section 19-3-604(l)(b)(I) states:

(1) The court may order a termination of the parent-child legal relationship upon the finding of any one of the following:
(b) That the child is adjudicated dependent or neglected and the court has found by clear and convincing evidence that no appropriate treatment plan can be devised to address the unfitness of the parent or parents. In making such a determination, the court shall find one of the following as the basis for unfitness:
(I) Emotional illness, mental illness, or mental deficiency of the parent of such duration or nature as to render the parent unlikely within a reasonable time to care for the ongoing physical, mental, and emotional needs of the child[.]

8B C.R.S. (1988 Supp.) (emphasis added). The district court denied respondent’s motion to dismiss but agreed to reconsider the motion after hearing the evidence.

Two mental health professionals testified at the respondent’s hearing to terminate parental rights. Dr. Sundell found no evidence of such mental illnesses as psychosis, schizophrenia, or manic depression. He found, however, that the respondent was suffering from a “mixed personality disorder” related to feelings of narcissism,2 inadequacy and passivity, and that the respondent’s emotional condition was exacerbated by episodic alcohol usage. He believed that alcohol treatment alone would not cure respondent because of his underlying emotional condition.

Kathleen Henken, a clinical social worker, evaluated the respondent with his two children. She concluded that the respondent was suffering from an emotional illness and that the children had special emotional and physical needs that made it particularly unlikely for the respondent to be able to care for the children for a minimum of five years. She believed the respondent’s parental rights should be terminated.

[1105]*1105Both Dr. Sundell and Ms. Henken believed the term “emotional illness” to be an unhelpful term to persons with a background in mental health evaluations. Dr. Sundell stated that the term “emotional illness” was not a medical term of art but a lay term that “means whatever it is defined to mean in the context in which it is used.” He cited as a hypothetical example that a lay magazine such as Psychology Today could conclude that 37% of the American population suffers from emotional illness by including persons suffering temporary problems such as loss of jobs or loved ones, while the same magazine could conclude that only 2% of the American population suffers from emotional illness by including only persons suffering from what are traditionally considered “the true core psychiatric illnesses such as schizophrenia, [and] manic depressive disorders.” Dr. Sundell stated that the term “emotional illness” was a term that created confusion to mental health professionals, but concluded that mixed personality disorders could be construed as “emotional illness” and stated that the “operational definition” of section 19-3-604(l)(b)(I) provided a standard for him to determine that the respondent’s condition qualified as “emotional illness.”

Ms. Henken agreed with Dr. Sundell that the term “emotional illness” is a lay term “that for mental health professionals is too broad and vague to be helpful in [their] context of evaluation and treatment.” Like Dr. Sundell, however, she also concluded that the respondent suffered from an emotional illness as used in section 19-3 — 604(l)(b)(I).

At the close of evidence, the respondent again moved to dismiss on the ground that the statute was void for vagueness. The trial court again denied the motion to dismiss.

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Bluebook (online)
776 P.2d 1103, 13 Brief Times Rptr. 935, 1989 Colo. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-sjc-colo-1989.