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People in re S.L. and A.L

COLOCTAPPDecember 28, 2017No. 16CA2238Cited 1004 times
Defendant WinRio Blanco County Department of Human Services
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal - affirmed

Related Laws

No specific laws identified for this ruling.

Claim Types

Failure to Accommodate

Outcome

Colorado Court of Appeals affirmed the district court's termination of parental rights, rejecting parents' arguments that the Department of Human Services failed to make reasonable reunification efforts or accommodate their drug testing needs.

Excerpt

The Rio Blanco County Department of Human Services (Department) became involved with the parents in this case as a result of concerns about the children's welfare due to the condition of the family home, the parents' use of methamphetamine, and criminal cases involving the parents. Attempts at voluntary services failed, and on the Department's petition for dependency and neglect, the district court ultimately terminated the parents' rights. On appeal, the parents contended that the Department failed to make reasonable efforts to reunify them with their children. Specifically, the parents contended that the Department did not give them sufficient time to complete the services under their treatment plans and failed to accommodate their drug testing needs. The termination hearing was not held until more than a year after the motion to terminate was filed. For nine months before the motion to terminate was filed, the Department provided numerous services to the parents, including substance abuse therapy, therapeutic visitation supervision, drug abuse monitoring, and a parental capacity evaluation. The Department also provided counseling for the children. Both parents missed drug tests and tested positive during the testing period, and both were arrested for possession of methamphetamine during the pendency of the case. The Department made reasonable accommodations to meet the parents' needs and the parents had sufficient time to comply with their treatment plans. The record supports the trial court's findings that termination was appropriate because (1) the court-approved appropriate treatment plan had not been complied with by the parents or had not been successful in rehabilitating them (2) the parents were unfit and (3) the conduct or condition of the parents was unlikely to change within a reasonable time. Father also contended that the trial court's decision to interview the 9-year-old twin children together in chambers fundamentally and seriously affected the basi

What This Ruling Means

**What happened:** This case involved parents whose children were removed by the Rio Blanco County Department of Human Services due to unsafe living conditions, methamphetamine use, and criminal charges against the parents. The parents tried voluntary services to address these issues, but these efforts failed. The county then asked the court to permanently terminate the parents' rights to their children. The parents argued that the Department didn't do enough to help them reunite with their children and failed to properly accommodate their needs during required drug testing. **What the court decided:** The Colorado Court of Appeals sided with the Department and upheld the lower court's decision to terminate parental rights. The court rejected the parents' claims that the Department had failed to provide reasonable reunification efforts or accommodate their drug testing requirements. **Why this matters for workers:** This ruling is important for social workers and child welfare employees because it confirms that courts will support their decisions when they can show they made reasonable efforts to help families reunite. It also clarifies that accommodation requirements during processes like drug testing have limits, and departments won't be penalized for terminating parental rights when parents fail to address serious safety concerns despite being given opportunities to do so.

This summary was generated to explain the ruling in plain English and is not legal advice.

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