Upon revocation of her probation, she was sentenced to jail and then community corrections. When the treatment plans proved unsuccessful, the trial court revoked the deferred adjudication and found the children to be dependent and neglected. Subsequently, following a hearing, the court terminated mother s parental rights. Mother argues that she is disabled because of her prior drug usage and that the ADA therefore precludes, or at least limits, the trial court s authority to terminate her parental rights. The applicability of the ADA to the termination of parental rights is a matter of first impression in Colorado.
Parents have a constitutional interest, under the Fourteenth Amendment, in raising their children.
However, the rights of parents may be limited when it appears their decisions or actions will jeopardize the health or safety of their children. When the welfare of a child is significantly threatened, the state may terminate parental rights. Because of the important liberty interest parents have in raising their children, a termination proceeding must provide fundamentally fair procedures. Colorado s statutory scheme for termination of parental rights provides such procedures and focuses on reunification of parents and children as its primary goal. Because the applicability of the ADA to termination of parental rights proceedings has not been decided in Colorado, we look to other states for guidance.