D.  Disposition

C.R.S. § 19-3-508(1) and (3)
After the hearing, the court may terminate the parent-child legal relationship. It may terminate the rights of one or both parents.



1.  Checklist of Findings
  • Do parties consent to magistrate’s jurisdiction?
  • Does the court have jurisdiction over the subject matter and the parties?
  • Did the court take judicial notice of prior findings and orders?
  • Did the respondents fail to appear after proper notice and are they in default?
  • Have respondents appeared and been advised of their rights?
  • Was a written motion for termination of parent-child legal relationship filed with the court at least thirty days before the hearing?
  • Was an attorney at law appointed guardian ad litem for the subject children?
  • Was an attorney at law appointed as counsel/GAL for the respondents?
  • Was judgment entered against respondents, and when?
  • Were the children adjudicated dependent or neglected?
  • Was an appropriate treatment plan adopted by the court, and when?
  • Finding: the treatment plan has been unsuccessful in rehabilitating the respondents, and they cannot provide reasonable parental care for the child or children;
  • The respondents have not complied with the treatment plan order;
  • The respondents are unfit because of the following reason;
  • The conduct or condition of respondents renders them unwilling or unable to give the child reasonable parental care;
  • The conduct or condition of respondents is unlikely to change within a reasonable period of time;
  • Reasonable efforts to rehabilitate the respondents have been made by DHS;
  • Less drastic alternatives to termination of the parent-child legal relationship are not viable or in the best interests of the minor children;
  • It is in the best interests of the minor child to terminate the parent-child legal relationship;
  • Continuation of the legal relationship between respondents and the child is likely to result in grave risk of death or serious injury to the child;
  • The allegations of the motion for termination have been proved by;
    • Clear and convincing evidence; or
    • Proof beyond a reasonable doubt for an Indian child. The court, having considered testimony from an expert, qualified pursuant to 25 U.S.C. § 1912(f), following BIA guidelines D.4, finds that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child;
  • Other findings;
  • The motion for termination of the parent-child legal relationship is granted;
  • The parent-child relationship between the child (name) and the respondent (names) is hereby terminated;
  • Legal custody and guardianship of the person of the minor child is placed within DHS with full power and authority to place said child for and consent to the child’s adoption.
C.R.C.P. 58(a)
2. Post-Termination Review
  • A review hearing is set for (time), the GAL and DHS are hereby ordered to provide to the court a written report to the court filed one week prior to the hearing. DHS must report on the child’s placement. The GAL must recommend the best disposition for the child based on an independent investigation;
  • The clerk’s office is to provide a certified copy of this order to respondent at his or her last known address;
  • Respondent has five days to file a motion for judicial review (magistrate) or forty-five days to file an appeal to the Colorado Court of Appeals (judge).