The Colorado Court of Appeals issued its opinion in People in Interest of M.D. on Thursday, September 11, 2014.
Dependency and Neglect—Foster Parents—Permanency Hearing—Compelling Reason.
The La Plata County Department of Human Services (Department) filed a petition in dependency and neglect regarding M.D. due to its concerns about the parents’ history of domestic violence and substance abuse. M.D. was placed with foster parents and, based on father’s admission to certain allegations in the petition, including that he tested positive for methamphetamine, the court adjudicated the child dependent and neglected and adopted a treatment plan for father (mother’s rights were not at issue in this case). The district court later entered judgment allocating a majority of parenting time and sole decision making authority for M.D. to the foster parents.
On appeal, father contended that the court erred in concluding that it need only find a compelling reason to allocate parental responsibility to a nonparent under the permanency hearing statute. Because CRS §19-1-115 concerns only temporary custody awards and the court’s order here was a permanent custody order, the findings under §19-1-115(6.5) were not required. Further, there was evidence in the record that the child needed permanency and that a complete transition back to father would be difficult and probably result in harm to the child.
The record also reflects that the Department made reasonable efforts to finalize permanent placement of the child and that procedural safeguards were in place to protect father’s rights. In addition, because father was not deprived of all of his parental rights, and because the trial court retained jurisdiction to modify its existing order, the trial court order relating to father’s custody and visitation rights did not require a finding of unfitness to protect his fundamental liberty interest. The record supports the court’s findings regarding several compelling reasons as to why the child could not be returned home under §19-3-702(4). Therefore, the court did not abuse it’s authority to award permanent custody to the foster parents. The judgment was affirmed.