People Ex Rel. D.B-J., 89 P.3d 530 (Colo. Ct. App. 2004). · Go Syfert
People Ex Rel. D.B-J., 89 P.3d 530 (Colo. Ct. App. 2004). Cases Citing This Book View Copy Cite
165 citation events (165 in the last 25 years) across 2 distinct courts.
Strongest positive: People in Interest of C.N.T. (coloctapp, 2026-06-04)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (rule) People in Interest of C.N.T. (3×) also: Cited "see"
Colo. Ct. App. · 2026 · confidence medium
D.B-J., 89 P.3d at 532.
cited Cited as authority (rule) Peo in Interest of KS
Colo. Ct. App. · 2026 · confidence medium
See C.A.R. 28(a)(7)(B); D.B-J., 89 P.3d at 531; Rath, 44 P.3d at 1043 . ¶ 29 Therefore, we discern no abuse of discretion in the court’s decision to admit the 911 call into evidence. 4.
cited Cited as authority (rule) Peo in Interest of VD
Colo. Ct. App. · 2026 · confidence medium
D.B-J., 89 P.3d at 532.
discussed Cited as authority (rule) Peo in Interest of SH (2×) also: Cited "see"
Colo. Ct. App. · 2026 · confidence medium
D.B- J., 89 P.3d at 532.
examined Cited as authority (rule) Parental Resp Conc CLR (4×) also: Cited "see"
Colo. Ct. App. · 2026 · confidence medium
See id.; D.B-J., 89 P.3d at 531. 17 IX.
examined Cited as authority (rule) People in Interest of H.L.B. (3×) also: Cited "see"
Colo. Ct. App. · 2025 · confidence medium
In other words, in assessing the less drastic alternative criterion, a juvenile court may consider whether the alternative legal disposition — e.g., an APR — is available and in a child’s best interests, even when a specific person has not been identified or the specific terms of a proposed APR are not before the court. ¶ 22 Even though a less drastic alternative to termination is not dependent on a particular out-of-home placement provider, divisions of this court have viewed approvingly a juvenile court’s consideration of factors related to the child’s current or potential placeme…
discussed Cited as authority (rule) Peo in Interest of SIR
Colo. Ct. App. · 2025 · confidence medium
See T.E.M., 124 P.3d at 910 (holding that a child’s permanent placement with a relative may not be a viable alternative if it does not provide adequate permanence or otherwise meet the child’s needs); D.B-J., 89 P.3d at 532 (concluding that a proposed placement is not a less drastic alternative to termination if the placement provider lacks appreciation of a child’s needs and conditions); see also A.M., ¶ 31, 480 P.3d at 689 (“Primary consideration of the child’s physical, mental, and emotional condition and needs requires more than a mere assessment of adequacy in order to satisfy …
cited Cited as authority (rule) Peo in Interest of PAL
Colo. Ct. App. · 2025 · confidence medium
D.B-J., 89 P.3d at 532.
discussed Cited as authority (rule) Peo in Interest of AW (2×)
Colo. Ct. App. · 2025 · confidence medium
D.B-J., 89 P.3d 530, 532 (Colo. App. 2004) (noting that the department must evaluate a reasonable number of persons suggested to it as possible placement options).
examined Cited as authority (rule) Peo in Interest of APC (3×) also: Cited "see"
Colo. Ct. App. · 2024 · confidence medium
People in Interest of D.B- J. , 89 P.3d 530, 532 (Colo. App. 2004).
examined Cited as authority (rule) Peo in Interest of NLG (3×)
Colo. Ct. App. · 2024 · confidence medium
People in Interest of D.B- J. , 89 P.3d 530, 532 (Colo. App. 20 04) . ¶ 40 The caseworker testified that the Department provided father with a relative affidavit, but he did not fill it out.
discussed Cited as authority (rule) Peo in Interest of ZRM
Colo. Ct. App. · 2024 · confidence medium
See T.E.M. , 124 P.3d at 91 0 (permanent placement with a relative may not be a viable alternative if it does not provide adequate permanence or othe rwise meet the child’s needs); D.B- J. , 89 P.3d at 532 (a proposed placement is not a less drastic alternative to termination if the placement provider lacks appreciation of a parent’s problem s or a child’s needs and conditions). ¶ 40 A primary consideration of a child’s conditions and needs “requires more than a mere assessment of adequacy.” A.M. , ¶ 31.
discussed Cited as authority (rule) Peo in Interest of ZRM
Colo. Ct. App. · 2024 · confidence medium
See T.E.M. , 124 P.3d at 91 0 (permanent placement with a relative may not be a viable alternative if it does not provide adequate permanence or othe rwise meet the child’s needs); D.B- J. , 89 P.3d at 532 (a proposed placement is not a less drastic alternative to termination if the placement provider lacks appreciation of a parent’s problem s or a child’s needs and conditions). ¶ 40 A primary consideration of a child’s conditions and needs “requires more than a mere assessment of adequacy.” A.M. , ¶ 31.
cited Cited as authority (rule) Peo in Interest of MM
Colo. Ct. App. · 2024 · confidence medium
People in Interest of D.B- J. , 89 P.3d 530, 532 (Colo. App. 2004).
cited Cited as authority (rule) Peo in Interest of MM
Colo. Ct. App. · 2024 · confidence medium
People in Interest of D.B- J. , 89 P.3d 530, 532 (Colo. App. 2004).
discussed Cited as authority (rule) Resort Valley v. Bartoletti
Colo. Ct. App. · 2024 · confidence medium
P ’ ship , 929 P.2d 42, 45 (Colo. App. 1996) (“[B] ecause this issue was not presented for consideration by the trial court and was raised for t he first time on appeal, we decline to address it. ”); People in Interest of D.B- J. , 89 P.3d 530, 531 (Colo. App. 2004) (where appellant does not identify supporting facts, make specific arguments, or set forth specific authorities t o support his contention, the contention is not 14 properly before the appellate court, and the appellate court will not address it).
cited Cited as authority (rule) People in the Interest of A.N-B
Colo. Ct. App. · 2019 · confidence medium
D.B-J., 89 P.3d at 531.
discussed Cited as authority (rule) People ex rel. N.D.V.
Colo. Ct. App. · 2009 · confidence medium
It must give primary consideration to the physical, mental, and emotional conditions and needs of the child. § 19-3-604(3); D.B-J., 89 P.3d at 531; People in Interest of J.M.B., 60 P.3d 790, 793 (Colo.App.2002).
cited Cited as authority (rule) People Ex Rel. Zp
Colo. Ct. App. · 2007 · confidence medium
People in Interest of D.B-J., supra, 89 P.3d at 532.
discussed Cited "see" Peo in Interest of TAR
Colo. Ct. App. · 2026 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate contention that lacked supporting facts and specific arguments). ¶ 41 Accordingly, we conclude that the juvenile court properly analyzed whether father could become fit within a reasonable time.
discussed Cited "see" Peo in Interest of JV
Colo. Ct. App. · 2026 · signal: see · confidence high
See D.B-J., 89 P.3d at 531. ¶ 71 Finally, even if the great-grandmother was an appropriate placement option, we still reject mother’s assertion because the juvenile court found, and the record shows, that an APR to her wouldn’t be a less drastic alternative to termination because the child needed permanency that could only be achieved through an adoption.
discussed Cited "see" Peo in Interest of H-SKR
Colo. Ct. App. · 2026 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an issue presented without supporting facts or specific argument). 11 A. Applicable Law and Standard of Review ¶ 27 To determine whether a parent is unfit, the juvenile court must consider whether the department made reasonable efforts to rehabilitate the parent and reunite the family.
discussed Cited "see" Peo in Interest of AC (2×)
Colo. Ct. App. · 2026 · signal: see · confidence high
See D.B-J., 89 P.3d at 532.
discussed Cited "see" Peo in Interest of AC
Colo. Ct. App. · 2026 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate argument presented without supporting facts, specific argument, or supporting authorities). 14 ¶ 33 The juvenile court may terminate parental rights if it finds, by clear and convincing evidence, that (1) the child was adjudicated dependent or neglected; (2) the parent has not complied with an appropriate, court-approved treatment plan or the plan has not been successful; (3) the parent is unfit; and (4) the parent’s conduct or condition is unlikely to change in a reasonable time. § 19-…
cited Cited "see" Peo in Interest of EED
Colo. Ct. App. · 2026 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address undeveloped arguments).
discussed Cited "see" Peo in Interest of MR
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to 10 address an issue where a party didn’t “make specific arguments” in support of it). 3.
cited Cited "see" Peo in Interest of GS
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. 8 App. 2004 ) (declining to address an issue where a party didn’t “make specific arguments” in support of it).
discussed Cited "see" Peo in Interest of AKF
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in 10 Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate argument presented without supporting facts, specific argument, or specific supporting authorities).
discussed Cited "see" Peo in Interest of OS
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate argument presented without supporting facts, specific argument, or supporting authorities). 14 that we may not reweigh the court’s resolution of conflicting evidence). ¶ 30 Because the juvenile court’s findings are supported by the record, we discern no error.
cited Cited "see" Peo in Interest of AH
Colo. Ct. App. · 2025 · signal: see · confidence high
See D.B-J., 89 P.3d at 532.
discussed Cited "see" Peo in Interest of CC
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B- J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate argument presented without supporting facts, specific argument, or supporting authorities).
discussed Cited "see" Peo in Interest of DHB
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (where an appellant does not identify supporting facts, make specific arguments, or set forth specific authorities to support a contention, the contention will not be addressed); see also Cikraji v. Snowberger, 2015 COA 66 , ¶ 10 (an appellate court is not required to “comb the record” for facts supporting a party’s argument that are not cited in the briefs). 2 At the dispositional hearing, mother did not object to the remaining treatment plan objectives requiring her to establish and maintain self-sufficiency, partic…
discussed Cited "see" Peo in Int of MELR
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate argument presented without supporting facts, specific argument, or specific supporting authorities); see also C.A.R. 28(a)(7)(B) (argument section of appellant’s brief must contain “citations to the authorities and parts of the record on which the appellant relies”). 10 V.
discussed Cited "see" Peo in Interest of LAB (2×)
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B- J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate argument presented without supporting facts, specific argument, or supporting authorities). 3 E.B., 2022 CO 55 , ¶ 14.
discussed Cited "see" Peo in Interest of BR
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004); see also People v. Lopez, 2022 COA 70M , ¶ 40 (it is not the job of an appellate court to make or develop a party’s argument if the party has not endeavored to do so itself). 7 IV.
cited Cited "see" Peo in Interest of CBB
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address undeveloped argument).
discussed Cited "see" Peo in Interest of MB
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (where an appellant does not identify supporting facts, make specific arguments, or set forth specific authorities to support a contention, the contention is not properly before the appellate court and will not be addressed).
discussed Cited "see" Peo in Interest of BJM
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (declining to address an appellate argument presented without supporting facts, specific argument, or specific supporting authorities); see also C.A.R. 28(a)(7)(B) (argument section of appellant’s brief must contain “citations to the authorities and parts of the record on which the appellant relies”). ¶ 21 In sum, because the court’s APR determination has record support, and because it correctly applied the law, we discern no abuse of discretion.
cited Cited "see" Peo in Interest of AD
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004).
cited Cited "see" Peo in Interest of MV
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 532 (Colo. App. 2004).
discussed Cited "see" Peo in Interest of JM (2×)
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 532 (Colo. App. 2004).
cited Cited "see" Peo in Interest of JDC
Colo. Ct. App. · 2025 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 532 (Colo. App. 2005). ¶ 16 The second caseworker opined that there were no viable less drastic alternatives to termination for the child.
cited Cited "see" Peo in Interest of JC
Colo. Ct. App. · 2024 · signal: see · confidence high
See D.B-J., 89 P.3d at 532.
cited Cited "see" Peo in Interest of BER
Colo. Ct. App. · 2024 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (appellate courts do not address undeveloped arguments).
cited Cited "see" Peo in Interest of BER
Colo. Ct. App. · 2024 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (appellate courts do not address undeveloped arguments).
cited Cited "see" Peo in Interest of JGG
Colo. Ct. App. · 2024 · signal: see · confidence high
See D.B-J., 89 P.3d at 532.
cited Cited "see" Peo in Interest of JGG
Colo. Ct. App. · 2024 · signal: see · confidence high
See D.B-J., 89 P.3d at 532.
cited Cited "see" Peo in Interest of VF-MA
Colo. Ct. App. · 2024 · signal: see · confidence high
See D.B-J., 89 P.3d at 532.
discussed Cited "see" Peo in Interest of CAP
Colo. Ct. App. · 2024 · signal: see · confidence high
See People in Interest of D.B-J., 89 P.3d 530 , 531 (Colo. App. 2004) (stating that where an appellant doesn’t identify supporting facts, make specific arguments, or set forth specific authorities to support a contention, the contention is not properly before the appellate court and will not be addressed). ¶ 13 Mother claims that, if the Department had done more, she “would have been making progress surrounding her treatment plan objectives and would have been able to have contact with her children.” But the juvenile court found that mother didn’t participate in therapeutically superv…
discussed Cited "see" Peo in Interest of MWC
Colo. Ct. App. · 2024 · signal: see · confidence high
See D.B- J. , 89 P.3d at 532 (rejecting a less drastic alternative argument based on relatives w ho were first mentioned during the termination hearing). ¶ 23 And even assuming, as mother asserts, that one of the child’s paternal relatives would have been deemed appropriate and willing to accept an APR, we discern no error because the juvenile court found that moving the child to another home “in order to get an APR” would not be in his best interests.
Retrieving the full opinion text from the archive…
The PEOPLE of the State of Colorado, Petitioner-Appellee, in the Interest of D.B-J., a Child, and Concerning W.B., Respondent-Appellant, and W.C. Special, Respondent-Appellee
03CA0893.
Colorado Court of Appeals.
Mar 11, 2004.
89 P.3d 530
James D. Robinson, County Attorney, Rebecca Wiggins, Assistant County Attorney, Denver, Colorado, for Petitioner-Appellee., Deborah Gans, Denver, Colorado, for Respondent-Appellant., David R. Gloss, Denver, Colorado, for Special Respondent-Appellee.
Roy, Kapelke, Carparelli.
Cited by 7 opinions  |  Published

Opinion by

Judge ROY.

W.B. (father) appeals from a judgment terminating the parent-child legal relationship between him and his child, D.B-J. We affirm.

I.

Father contends generally that the evidence was insufficient to support the criteria for termination set forth in § 19-3-604(l)(c), C.R.S.2003. However, he does not identify any supporting facts, make specific arguments, or set forth specific authorities to support the contention. Therefore, the contention is not properly before us on appeal, and we will not address it. See Westrac, Inc. v. Walker Field, 812 P.2d 714 (Colo.App.1991).

II.

Father also contends the trial court erred in rejecting permanent placement as a less drastic alternative and in finding that termination was in the child’s best interests. He argues that the paternal grandmother was an appropriate placement alternative and that the department of social services (department) failed in its duty to inquire as to and investigate all possible relative placement alternatives. We find no error.

Implicit in the statutory scheme for termination set forth in § 19 — 3—604(l)(c) is a requirement that the trial court consider and eliminate less drastic alternatives before entering an order of termination. People in Interest of M.M., 726 P.2d 1108 (Colo.1986). In so doing, the court must give primary consideration to the physical, mental, and emotional conditions and needs of the child. Section 19-3-604(3), C.R.S.2003.

A statutory preference arises in favor of placement with an available and appropriate grandparent if such placement is in the child’s best interests. Sections 19-1-115(1), 19-3-605, C.R.S.2003. Placement with a grandparent is not a viable alternative to termination if the grandparent lacks appreciation of the parent’s problems or of the child’s conditions or needs. See People in [*532] Interest of M.H., 855 P.2d 15 (Colo.App.1992).

The credibility of the witnesses and the sufficiency, probative effect, and weight of the evidence, as well as the inferences and conclusions to be drawn from it, are within the discretion of the trial court. Thus, a trial court’s findings and conclusions will not be disturbed on review if the record supports them. People in Interest of C.A.K., 652 P.2d 603 (Colo.1982)

Here, the department evaluated the paternal grandmother as a possible placement for the child as a less drastic alternative to termination. This evaluation consisted of a home study and psychological examination. In addition, a great-uncle and aunt were initially identified as a possible placement but they declined to be considered.

In rejecting placement with the paternal grandmother as a less drastic alternative, the trial court found that grandmother did not interact well with the child; that the child had an ambivalent attachment to grandmother; and that grandmother was not genuinely invested in participating in treatment to address her relationship with the child. The trial court further found that grandmother did not acknowledge the risk of harm to the child posed by father and that grandmother was unlikely to comply with no contact orders.

These findings are supported by evidence that the child did not engage in play with grandmother or seek her out for nurturing and that grandmother denied a need for therapy and did not comply with recommendations that she participate in individual and group therapy. The evidence further revealed that grandmother believed that father was a good, safe parent, even though he was convicted of felony child abuse and was serving a sentence in the Department of Corrections. Finally, because of grandmother’s psychological profile, her evaluating psychologist had concerns about compliance with court orders.

During the termination hearing, father testified that there might be other relatives available to care for the child, but that he needed to discuss it with them first. There is no indication that he ever identified any of these relatives to the department or to the court. On appeal, father asserts that the department was obligated to explore other family members as possible placements.

The department and trial court must consider remedies less drastic than termination. People in Interest of M.M., supra. In that regard, the department must evaluate a reasonable number of persons suggested to it as possible placements by the family and other interested persons in the course of its investigation. However, there is no statute, rule, or other authority, of which we are aware, or to which our attention has been directed, that requires the department to make special inquiry and independently identify and evaluate other possible placements within or outside the family. See 19-3-100.5(4).

Finally, the child was five years old at the time of the termination hearing and had been in multiple placements during the four-year pendency of the proceeding. His emotional problems and developmental delays were exacerbated by frequent moves and lack of permanence. Accordingly, he needed a safe, stable, permanent home with nurturing caregivers as soon as possible.

Thus, having support in the record, the trial court’s findings concerning less drastic alternatives and the child’s best interests will not be disturbed on review. See People in Interest of C.A.K., supra.

The judgment is affirmed.

Judge KAPELKE and Judge CARPARELLI concur.