Colorado Appellate Court Issues Opinion in ICWA “Active Efforts” Case

Here is the opinion in In re C.Z.

An excerpt:

The record supports the trial court’s findings because the most critical components of father’s treatment plan required him to participate in mental health therapy, have a substance abuse evaluation and follow all treatment recommendations, submit to random urinalysis (UA) testing, take parenting classes, and have regular visitation with the child. Although he had a mental health assessment, he refused to participate in therapy because he did not believe he needed it. Moreover, he did not have a substance abuse evaluation, did not submit random UAs, did not attend parenting classes, and had only two visits with the child, which the caseworker testified did not go well. And although the department made referrals to treatment providers and provided the other services father needed to comply with his plan when he lived in Leadville, he did not take advantage of those services.

And:

The critical components of mother’s treatment plan were similar to those in father’s plan, and the department provided her with similar services. As mother acknowledges in her petition on appeal, the department gave her referrals to mental health and substance abuse treatment providers and paid for her treatment; provided parenting classes; offered to help her apply for food stamps, housing, and other public assistance programs; and provided her with transportation to and from various appointments and her visits with the child.