Peo in Interest of TMS

Citations

• 2019 COA 136

Syllabus

Mother had an intellectual disability. Shortly after her child was born, hospital staff contacted the Denver Department of Human Services to report that mother's low functioning impaired her ability to provide proper care for the child. The Department filed a petition in dependency or neglect, and the juvenile court placed the child in a foster home upon his release from the hospital. The juvenile court adjudicated the child dependent and neglected and adopted a treatment plan for mother. One year later, the juvenile court held an evidentiary hearing and terminated mother's parental rights, and father confessed the motion to terminate his parental rights. On appeal, mother argued that it was error to deny her motion to remove her guardian ad litem (GAL). A court may appoint a GAL for a respondent parent who has an intellectual or developmental disability, but the parent's GAL has no statutory right to participate as a party or to make recommendations to the court concerning the parent's welfare in dependency and neglect proceedings. The GAL's role is to facilitate communication between the parent and counsel and help the parent participate in the proceeding. Here, the GAL improperly participated in the proceeding when she purported to represent mother's best interests in court hearings and pleadings, standing apart from mother and her counsel. She also undermined mother's constitutional interest in preventing the destruction of the parent-child relationship by advocating for a reduction of parenting time and supporting a concurrent permanency goal of adoption. Thus, it was an abuse of discretion to deny mother's motion to dismiss her GAL. Mother also argued that it was error to allow her GAL to give closing argument. Here, the GAL made a closing argument that included improper testimony, including statements that mother refused to engage in necessary services and that her disabilities made it impossible for her to parent the child. Further, the GAL advocated for the