| E. Special Issues |
| People
in the Interest of T.B., 12 P.3d 1221 ( |
The
Americans
with Disabilities Act (ADA) does not offer a defense to a termination
motion. This is
because the focus of the
proceedings is the child’s welfare and need for basic level of care.
|
| 25 U.S.C. § 1912(f) |
For
an Indian
child, a qualified expert must show that continuing custody with the
parents
would result in serious emotional or physical damage to the child, and
that DHS
made “active efforts” to reunify the family.
|
| C.R.S. § 19-3-604(1)(a) |
Parents
who
voluntarily place their child may have their rights terminated. They cannot be found to
have abandoned the
child, however, if they remain involved in the child’s life. In addition, parents who
voluntarily place a
disabled child cannot have their parental rights terminated solely
because they
cannot provide the special care and treatment the child needs. The child’s disability may
be physical,
intellectual or emotional.
|
| C.R.S. § 19-3-604(3) |
In
deciding
whether to grant a motion to terminate the parent-child relationship,
the court
must “give primary consideration to the physical, mental, and emotional
conditions and needs of the child.” Some judicial officers are reticent to grant
a motion to terminate if an adoptive home has not been identified,
reasoning
that they do not want to make the child an orphan if an adoption is not
imminent. If the
court does not order
termination, however, when all of the elements of the motion have been
proven
by clear and convincing evidence, the court is allowing the child to
continue a
nominal parent-child relationship with parents who have been determined
to be
unfit. This may
eliminate any chance the
child will secure an adoptive home.
The
Adoption
Exchange, an agency dedicated to the exchange
of resources on behalf of dozens of adoption
agencies in the |