C.  Hearing

C.R.S. § 19-3-602(1)
The court should consider termination at a separate hearing. 

C.R.S. § 19-3-508(3)
Termination may not be considered at the D&N adjudicatory hearing. It may be considered at a separate dispositional hearing.

C.R.S. § 19-3-104
C.R.S. § 19-3-602(1)

People in the Interest of D.M., 186 P.3d 101 (Colo. App. 2008)
1.  Expedited Permanency Planning

In expedited permanency planning cases, the court shall hear the motion for termination within 120 days after such motion is filed, and shall not grant a delay unless good cause is shown, and unless the court finds that the best interests of the child will be served by granting a delay.

C.R.S. § 19-3-604(3)
2.  Reports and Witnesses

The court should admit reports on the child into evidence. This includes any materials on the child’s mental, physical, or social history. Any party may request the report’s author for direct or cross-examination. The court also may require the author to be present if it is in the child’s best interests. If necessary, the court also may order the child evaluated before the hearing.

C.R.S. § 19-3-604(1)(c)(I)(B)
Witnesses may testify to the parent’s progress. The child’s physician, therapist, foster parent, teacher, religious instructor, CASA, or caseworker may testify to family progress under the treatment plan.

C.R.S. § 19-3-604(1)
Santosky v. Kramer, 455 U.S. 745 (1982); People in the Interest of A.M.D., 648 P.2d 625 (Colo. 1982)
3.  Requirements for the Hearing

The standard of proof is clear and convincing evidence. 

People in the Interest of A.E., 914 P.2d 534 (Colo. App. 1996)
The clear and convincing evidence standard also applies to summary judgment motions in termination actions.

People in the Interest of D.L.C., 70 P.3d 584 (Colo. App. 2003)
The court’s excusing of the appearance of a guardian ad litem at a termination hearing may be harmless without a showing that the respondent parent’s interests were negatively affected.



C.R.S. § 19-3-604(1)
People in the Interest of A.M.D., 648 P.2d 625 (Colo. 1982)
C.R.S. § 19-3-604(3)
Termination criteria include:
  1. abandonment, parental unfitness, or failure to progress; 
  2. the child was found to be neglected or dependent by a preponderance of the evidence, the existence of the adjudication order must be shown;
  3. the court must consider and reject less drastic alternatives; and (4) the court should give primary consideration to the child, and consider the child’s physical, mental, and emotional conditions and needs.
25 U.S.C. § 1912
For an Indian child, the court must make special findings. Parents of an Indian child may not have their rights terminated unless it is shown beyond a reasonable doubt that continuing custody with the parents would result in serious emotional or physical damage to the child. A qualified expert witness must testify to this.  DHS must also show it made “active efforts” to reunify the family.

The court should strictly comply with all statutory requirements, especially procedural requirements. Decisions overturned on appeal create unacceptable delays to achieving permanency for children.

People in the Interest of D.B.-J., 89 P.3d 530 (Colo. App. 2004)
4.  Placement of Child

County DHS must evaluate a reasonable number of persons suggested to it as possible placements, but there is no statute, rule, or other authority that requires the department to make special inquiry and independently identify and evaluate other possible placements within or outside of the family.

C.R.S. § 19-3-605(1)
A request to the court for placement with a relative must be made no later than twenty days after a termination motion is filed.