B.  Advisement



After a motion to terminate parental rights is filed, the court must advise parents of their rights. In termination actions, parents have a number of rights.

1.  Termination Advisement Checklist

  • Right to counsel;
  • Right to court-appointed counsel if parent is indigent;
  • Right to a GAL if the parent is a minor or incompetent;
  • Right to a court-appointed independent expert, if indigent;
  • Right to a hearing before a judge;
  • Right to cross-examine witnesses;
  • Right to testify on their own behalf;
  • Right to subpoena witnesses to testify for them;
  • Right to burden of proof on the movant;
  • Right to proof by clear and convincing evidence;
  • Right to appeal
C.R.S. § 19-3-607
2.  Parent-Expert Privilege

Indigent parents have a right to a court-appointed expert. The parent chooses the expert, subject to the court’s review and approval. The state pays for the expert. All ordered evaluations must be made available to the attorneys at least fifteen days before the hearing. 


People in the Interest of T.R.S., 717 P.2d 1025 (Colo. App. 1986)
Parents do not have a right to more than one court-appointed expert if they are dissatisfied with the first expert.

B.B. v. People, 785 P.2d 132 (Colo. 1990)
A parent’s communications with the court-appointed expert are confidential. They are protected by attorney-client privilege. The parent may prevent the expert from testifying in support of termination of the parent-child legal relationship.

D.A.S. v. People, 863 P.2d 291 (Colo. 1993)
If the expert’s evaluation includes the child as well as the parent, however, communications are not protected under attorney-client privilege. In this situation, the expert may testify on the county’s behalf.

C.R.S. § 19-3-602(4)
3.  Rights the Parents Do Not Have

Parents do not have a right to have a jury decide a termination hearing. 


C.R.S. § 19-3-202(2)
This right only applies to a D&N adjudication.

Catholic Charities and Cmty. Servs. in the Interest of C.C.G., 942 P.2d 1380 (Colo. App. 1997)
An imprisoned parent does not have a right to be transported to the hearing at state expense. 

People in the Interest of C.G., 885 P.2d 355 (Colo. App. 1994)
Due process or other constitutional guarantees do not require the respondent’s presence at the hearing if the respondent has the opportunity to appear through counsel and the respondent is given the opportunity to present evidence and cross-examine witnesses through deposition, affidavit or otherwise.