People Ex Rel. N.A.T.

134 P.3d 535 (2006)

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Nature of the Case

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Facts

Intervention was necessitated when N.A.T. was hospitalized at the age of two months with bronchitis and appeared malnourished. Two-year-old J.M.T., Jr. was also underweight. M had arrived at the hospital smelling of alcohol, appeared to be under the influence of substances, and she admitted that she drank alcohol during her pregnancy with N.A.T. M's treatment plan required her (1) cooperate with the Denver Department of Human Services and all treatment providers; (2) maintain stable housing and employment; (3) complete parenting classes or individual parenting instruction; (4) participate in a mental health evaluation, if deemed necessary, and follow any recommendations; (5) complete a substance abuse evaluation and follow any recommendations; and (6) ensure that the children's physical, developmental, medical, and educational needs were met upon their return to her custody. Mother partially complied with the plan. She did not follow through on a referral for a mental health evaluation, obtain employment, or cooperate with her caseworker or treatment providers. M repeatedly tested positive for cocaine and was discharged unsuccessfully from outpatient treatment programs. M did not comply with the recommended outpatient treatment after her release from a substance abuse course, and she relapsed within weeks. A caseworker testified that M was unable to attend to the children's needs during her visits with them. The juvenile court found that M was unfit and would not likely change within a reasonable time. M asked that the children be placed with her cousin, their maternal grandmother, or a paternal cousin. None were considered acceptable. The court terminated M’s parental rights, and M appealed.