The PEOPLE of the State of Colorado, Petitioner-Appellee, IN the INTEREST OF K.N.B.E. and M.B.B.E., Children, and Concerning K.B.E., Respondent-Appellant.
City
and County of Denver Juvenile Court No. 17JV275, Honorable
Donna J. Schmalberger, Judge
Kristin
M. Bronson, City Attorney, Laura Grzetic Eibsen, Assistant
City Attorney, Denver, Colorado, for Petitioner-Appellee
Barry
Meinster, Guardian Ad Litem
Tammy
Tallant Law, LLC, Tammy Tallant, Palisade, Colorado, for
Respondent-Appellant
OPINION
J.
JONES,
Page 141
[¶1]
This is a dependency and neglect case. K.B.E. (mother)
appeals the juvenile courts judgment terminating her
parent-child legal relationships with twins K.N.B.E. and
M.B.B.E. (the children). She argues that the juvenile court
erred by allowing testimony and evidence from a qualified
expert witness obtained in an interview with her because she
didnt have her attorney with her during that interview. We
conclude, however, that mother didnt have a right to have
counsel present during the interview, and therefore we
affirm.
I.
Background
[¶2]
The Denver Department of Human Services filed a petition in
dependency and neglect alleging that mother had tested
positive for marijuana and amphetamine when she was admitted
to the hospital just before the children were born. The
petition also alleged that the children had stayed in the
hospital for nearly a month after being born to address
problems stemming from prematurity and drug exposure and that
mother was homeless and had nowhere to take the children when
released from the hospital.
[¶3]
Mother is a member of the Northern Cheyenne Tribe (the
Tribe). After verifying that the children were also eligible
to be enrolled, the Tribe accepted the children for
enrollment and intervened in the case. At mothers counsels
request, the juvenile court appointed a guardian ad litem for
mother.
[¶4]
The court accepted mothers admission to the petition and
adjudicated the children dependent and neglected. The
juvenile court adopted a treatment plan requiring mother to,
among other things, participate in substance abuse and mental
health evaluations and follow through with recommended
treatment, maintain stable housing, obtain legal employment,
and visit the children regularly.
[¶5]
Acting pursuant to the Indian Child Welfare Act (ICWA), the
Department retained an expert to determine whether allowing
mother to retain custody of the children was likely to result
in serious emotional or physical harm to the children. As
part of his evaluation, that expert spoke with mother over
the telephone.
[¶6]
Some time later, the Department moved to terminate mothers
parent-child relationships with the children. Following a
hearing, at which the expert testified, the ...