The People of the State of Colorado, Petitioner-Appellee, In the Interest of K.B. and M.B., Children, and Concerning A.B. and J.B., Respondents-Appellants
County District Court No. 13JV134. Honorable David A.
Coleman, County Attorney, Garrett Forsgren, Special County
Attorney, Grand Junction, Colorado, for Petitioner-Appellee.
E. Plumhoff, III, Guardian Ad Litem.
E. Hailey P.C., Rennard E. Hailey, Grand Junction, Colorado,
for Respondent-Appellant A.B.
Coleman Tayler P.C., Leigh Coleman Taylor, Grand Junction,
Colorado, for Respondent-Appellant J.B..
by JUDGE RICHMAN. Hawthorne and Furman, JJ., concur.
[¶1] In this dependency and neglect
proceeding, A.B. (mother) appeals from the judgment
terminating the parent-child legal relationship between her
and her children, K.B. and Ma.B. J.B. (father) appeals from
the judgment terminating the parent-child legal relationship
between him and his child, Ma.B.
[¶2] We are asked to consider whether a
treatment plan that does not address safety concerns about
domestic violence that were present from the beginning of the
case is nevertheless appropriate based on services that were
ultimately provided. We conclude this presents a question of
fact that must be considered by the trial court at the
termination hearing. We therefore affirm the judgment with
respect to father, vacate the judgment with respect to
mother, and remand the case to the trial court for further
Mother's and Father's Treatment Plans
[¶3] In March 2013, the Mesa County
Department of Human Services (the Department) opened a
dependency and neglect case concerning sixteen-year-old K.S.,
thirteen-year-old Mi.B., eleven-year-old K.B., and
nine-year-old Ma.B. The Department alleged that mother and
father frequently fought; father yelled at the children,
called them names, and physically abused them; Mi.B. had
threatened one of his sisters with a knife after an argument;
and K.S., who had significant physical disabilities due to
cerebral palsy, was not receiving the physical therapy that
she needed. M.B. II, father of the three older children, was
incarcerated when the petition was filed and remained
incarcerated for much of the time the case was open.
[¶4] Adjudication was deferred with respect
to mother and father, and treatment plans were adopted for
both. Mother's treatment plan required her to
o be financially responsible for her portion of the treatment
plan, based on her ability to pay;
o provide releases of information for service providers and
others as deemed appropriate by her case manager;
o contact her case manager every month to discuss needs,
problems, status, and progress made on the treatment plan;
o inform the Department within seven days of any move and
provide her new address and telephone number;
o comply with the treatment plan and advise the Department of
steps taken in compliance and how she was incorporating new
skills and recommendations in her everyday life;
o not remove the children from the county without approval of
the Department's caseworker and the children's
guardian ad litem (GAL), and not relocate out of Colorado
with the children without the approval of the court;
o be available to consent to any educational needs of the
o allow the Department and the GAL to make announced and
unannounced home visits at reasonable times;
o maintain a residence that met the needs of the children;
o actively participate in and positively engage in a services
assessment with a Department-approved evaluator and follow
all reasonable recommendations including but not limited to
substance abuse treatment, mental health treatment, parenting
treatment plan was the same.
[¶5] From time to time thereafter,
mother's and father's treatment plans were modified.
Among other changes, both parents' treatment plans were
amended to require them to actively participate in individual
therapy with a treatment provider approved by the Department.
[¶6] Conflict between mother and father
continued, and in August 2013, the children were removed from
the home because of renewed concerns about domestic violence
and threats by father. In October 2013, the ...