Peo in Interest of VD

── Peo in Interest of VD ── Court: Colorado Court of Appeals Date: May 07, 2026 Category: General 25CA1992 Peo in Interest of VD 05-07-2026 COLORADO COURT OF APPEALS Court of Appeals No. 25CA1992 Arapahoe County District Court No. 23JV81 Honorable Bonnie McLean, Judge The People of the State of Colorado, Appellee, In the Interest of V.D., a Child, and Concerning T.L. and W.D., Appellants. JUDGMENT AFFIRMED Division A Opinion by JUDGE BERNARD* Román, C.J., and Ashby*, J., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced May 7, 2026 Ron Carl, County Attorney, Kiley Schaumleffel, Assistant County Attorney, Aurora, Colorado for Appellee Sheena Knight, Guardian Ad Litem Andrew A. Gargano, Office of Respondent Parents’ Counsel, Denver, Colorado for Appellant T.L. Harald Van Gaasbeek, Office of Respondent Parents’ Counsel, Fort Collins, Colorado for Appellant W.D. *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2025. ¶1 This is a dependency and neglect case. A mother, T.L., and a father, W.D., appeal the judgment terminating their parent-child legal relationships with the child, V.D.. We affirm. I. Background ¶2 After receiving a referral stating the child had been exposed to controlled substances before it was born, a caseworker spoke with hospital personnel. They said mother and father tried to deny the child necessary medical care and they posed a “flight risk.” ¶3 Because mother and father lived in Arapahoe County, the Arapahoe County Department of Human Services filed a petition in dependency or neglect. The juvenile court, at the department’s request, temporarily placed the child in the department’s custody for placement with a foster family. ¶4 The court adjudicated the child to be dependent and neglected after mother’s admission and father’s failure to appear. It then adopted treatment plans for both parents requiring them to (1) cooperate with the department; (2) establish consistent legal income; (3) obtain and maintain safe and adequate housing for the child; (4) complete substance use evaluations and follow any 1  recommendations; (5) demonstrate a lifestyle free of illegal activity; and (6) consistently attend family time. ¶5 Two years after the case began, the department asked the court to terminate mother’s and father’s parental rights. The court did so. II. Colorado Indian Child Welfare Act ¶6 Mother asserts the court did not comply with the Colorado Indian Child Welfare Act (CICWA), §§ 19-1.2-101 to -132, C.R.S. 2025. Specifically, she contends the court erred by terminating her parental rights before the department had “exhaust[ed] efforts” to enroll the child into the Cherokee Nation. We disagree. A. Applicable Law and Standard of Review ¶7 The federal Indian Child Welfare Act (ICWA) establishes “minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture.” 25 U.S.C. § 1902. For ICWA to apply in a dependency or neglect case, it must involve an Indian child. See People in Interest of A.G.-G., 899 P.2d 319, 321 (Colo. App. 1995). “Indian child” is defined as “any unmarried person who is under age eighteen” and is 2  either (a) “a member of an Indian tribe,” or (b) “eligible for membership in an Indian tribe” and “the biological child of a member of an Indian tribe.” 25 U.S.C. § 1903(4); § 19-1.2-103(10), C.R.S. 2025. ¶8 Before August 6, 2025, “neither federal nor state law impose[d] on the Department any obligation to assist in enrolling eligible children in a tribal nation.” People in I