Supreme Court of Colorado
Petitioners: the People of the State of Colorado, In the Interest of Minor Child: A.M. and A.M., Minor Child v…
February 16, 20212021 CO 14
Summary
The court reversed the court of appeals, holding that termination proceedings require consideration of whether a less drastic alternative is in the child's best interests, not merely whether the alternative adequately meets the child's needs. It further held that due process does not require express findings rejecting less drastic alternatives when the statutory termination criteria are otherwise properly applied, although such findings are better practice. The court also held that the court of appeals applied the wrong legal standard and improperly substituted its judgment for the trial court's supported factual findings.