Involuntary Termination the Parent-Child Relationship K.C. v. Ind. Dep't of Child Servs.

Dependency and Neglect—Attorney–Client Privilege for Expert Report. Based on a report from neighbors, the Jefferson County Division of Children, Youth, and Families (the Division) removed the children in this case and placed them with their maternal grandfather, where they remained throughout the proceedings. The Division filed a petition in dependency and neglect based on the fact that mother left the 3-year-old twins home alone for over six hours. This family had been involved with child protective services on two prior occasions due to physical abuse and severe injuries to the children. Before the hearing, mother requested appointment of a child psychology expert to evaluate her parenting time. Because mother was indigent, the court appointed the expert at the state's expense. Based on the expert's report, mother elected not to call the expert as a witness, but the guardian ad litem (GAL) requested the expert's report. The juvenile court ordered the report disclosed and allowed the GAL to call the expert to testify at the termination hearing. The juvenile court adjudicated the children dependent and neglected and adopted treatment plans for the parents. The GAL subsequently filed a motion to terminate the parent–child relationships, and the court terminated mother's and father's parental rights. On appeal, mother argued that the juvenile court violated her attorney–client privilege when it required disclosure of the expert's report and admitted the report and the expert's testimony at the termination hearing. Under CRS § 19-3-610(1), when an indigent parent's attorney requests appointment of an expert, the attorney–client privilege generally protects communications between the parent and the expert. However, here much of the expert's report and testimony concerned observations of the children, and thus fell outside the privilege. In addition, the expert advised mother, orally and in writing, that the evaluation and interview would not be considered confidential a

<bold>1. Constitutional Law — effective assistance of counsel — tardiness</bold> <block_quote> Defendant was not denied effective assistance of counsel in a termination of parental rights proceeding even though his counsel was late on the second of five days of hearing after a lunch recess, because: (1) respondent failed to demonstrate how his attorney's tardiness caused him to be denied a fair hearing; and (2) there was no way of determining what respondent's attorney was precluded from asking based on her failure to make an offer of proof as required by N.C.G.S. § <cross_reference>8C-1</cross_reference>, Rule 103.</block_quote> <bold>2. Evidence — hearsay — mental health records of children</bold> <block_quote> The trial court did not err in a termination of parental rights case by admitting, over objection, mental health records of two of the minor children, because: (1) even assuming arguendo that the records contain inadmissible hearsay, in a bench trial it is presumed that the judge disregarded any incompetent evidence that may have been admitted unless it affirmatively appears that he was influenced thereby; and (2) respondent has not pointed to any specific instances of hearsay upon which the trial court improperly relied.</block_quote> <bold>3. Termination of Parental Rights — past abuse — reasonable probability</bold> <bold>of continued abuse — emotional and behavioral problems</bold> <block_quote> The trial court did not abuse its discretion by terminating respondent father's parental rights, because: (1) the trial court found that all three children had been abused and exhibited symptoms of that abuse, and respondent admitted that he physically<page_number>Page 279</page_number> beat and abused the children; (2) the court determined there was a reasonable probability that respondent would again abuse the children if they were returned to his care based on the testimony of respondent's individual therapist; (3) the children's therapist test