PEOPLE EX REL. DB-J., 03CA0893.

• Decision Date: 11 March 2004
• Docket Number: No. 03CA0893.,03CA0893.
• Citation: 89 P.3d 530
• Parties: 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.
• Court: Colorado Court of Appeals

89 P.3d 530

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.

No. 03CA0893.

Colorado Court of Appeals, Div. III.

March 11, 2004.

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.

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(1)(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(1)(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 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...