Court of Appeals, State of Colorado 2 East 14th Ave, Denver, CO 80202 Appeal from the District Court of Asa County Honorable O. hn Kud, Trial Court 045 In the Interest of: R.R.E., Children, and concerning: E.M.A. and R.S., Respondents. Attorney #0025 ΔCourt Use OnlyΔ Address 303.303.3030 Case #: 02C91 Denver, CO 80200 Attorney@Attorney.com RESPONDENT P.H.’S NOTICE OF APPEAL Respondent/Appellant mother P.H., through her counsel, Philip Robert James, submits her Notice of Appeal: 1. TRIAL COURT INFORMATION The Appeal is taken from the Juvenile Court, City and County of Denver, Colorado. The trial court Judge was the Honorable _________, Juvenile Court Judge. The party initiating the appeal is the Respondent, P.H., as to the children E.G., R.H., I.H., and K.H. born 10/5/87, 3/27/91, 1/18/94, and 7/24/95, respectively. The case number in the Juvenile Court was: 00 JV 891. II. NATURE OF THE CASE (A) On March 3, 1999, a dependency and neglect petition was filed in the Arapahoe District Court regarding the children and that court transferred venue on March 13, 2000. The Respondent/Appellant, P.H., the mother of the child, admitted the allegations in the petition on March 29, 1999. The children were adjudicated dependent and neglected children at that time. A Termination Hearing as to the children E.G., R.H., I.H., and K.H. was held on June 4, June 5, and June 12, 2002. On June 12, 2002, the motion terminating the parental rights of children E.G., R.H., I.H.,
and K.H. was granted by the Juvenile Court. The signed, written order was sent to the court mailbox of counsel on July 18, 2002. (B) The appeal is from the order of the Juvenile court on June 12, 2002, terminating P.H.'s parental rights to her children, E.G., R.H., I.H., and K.H. The Colorado Court of Appeals has jurisdiction over appeals from final orders of the Juvenile Court pursuant to C.A.R. 1(a)(1). (C) The Termination Order resolved all issues concerning E.G., R.H., I.H., and K.H. before the Court including attorneys’ fees and costs. (D) The Termination Order is final for purposes of appeal pursuant to C.R.C.P. 54(b) as modified by 19-1-109(2)(b), CRS, as amended July 1, 2000. (E) The Order of Termination was entered June 12, 2002, and sent to counsel July 18, 2002. (F) No extensions were requested or granted in the trial court to file any motions for post-hearing relief. (G) No motions for post-trial relief have been filed. (H) No motions have been denied or deemed denied. (I) No extensions have been requested or granted.
III. ISSUES PROPOSED TO BE RAISED ON APPEAL 1. Whether it was in the best interest of the children E.G., R.H., I.H., and K.H. to have their mother’s parental rights terminated and for them to be freed for adoption? IV. TRANSCRIPT OF HEARING A transcript of the termination hearing held on June 4, June 5, and June 12,
2002, will be necessary for review. The hearing was transcribed by the court reporter, ____________, for Division 2 of the Denver Juvenile Court. It is anticipated that the transcript will be about three volumes long. V. PREARGUMENT CONFERENCE A preargument conference is not requested. VI. COUNSEL FOR PARTIES Attorney for Respondent/Appellant ________ Attorney for Appellee/Petitioner ____________ Guardian ad litem _____________ __________ VII. APPENDICES The Certificate of Mailing and Order of Termination are attached as Exhibit A. Dated this Saturday, December 13, 2008. Respectfully Submitted,
_______________________ Attorney CERTIFICATE OF SERVICE I hereby certify that on this Saturday, December 13, 2008, true and correct copies of the foregoing Notice of Appeal were placed in the United States mail, postage pre-paid and addressed as follows, or delivered in person or by court mail: _______________________
Juvenile Court, Denver County, Colorado 1437 Bannock St. Denver, CO 80202 In the Interest of: Fred Optenstern, et. al. Children, Upon the Petition of DDHS, and concerning: Ally Optenstern, et. al. Respondent. Attorney #0025 Address 303.303.3030 Denver, CO 80200 Attorney@Attorney.com
ΔCourt Use OnlyΔ Case #: 20 JV 81 Team Two
DESIGNATION OF RECORD ON APPEAL Ally O. , through her counsel, Philip Robert James, requests that the following record be prepared: 1. Complete transcripts of the termination of parental rights hearing held in Denver Juvenile Court on March June 4, June 5, and June 12, 2002,. Closing arguments of counsel are requested. 2. All pleadings, motions, orders and judgments in this case, that are set out in CAR 10(a)(1). 3. Because the trial court was asked, during the Termination Hearing, to take judicial notice of all other documents included in the court file, all such other documents. 4. The reporter transcribing the hearing was _________________. 5. Pursuant to Rule 11, Colorado Appellate Rules, the trial court register of actions must be transmitted to the Clerk of the Appellate Court by 10/3/02, and the Record on Appeal must be transmitted to the Clerk of the Appellate Court by 12/3/02. Please notify counsel if you will be unable to complete the Record by this date. Dated this Saturday, December 13, 2008 RESPECTFULLY SUBMITTED, _______________________ Attorney CERTIFICATE OF SERVICE I hereby certify that on this Saturday, December 13, 2008 true and correct
copies of the foregoing document were placed in the United States mail, postage prepaid and addressed as follows or personally delivered or via court mail:
_______________________
Juvenile Court, Denver County, Colorado 1437 Bannock St. Denver, CO 80202 In the Interest of: Fred Optenstern, et. al. Children, Upon the Petition of DDHS, and concerning: Ally Optenstern, et. al. Respondent. Attorney #0025 Address 303.303.3030 Denver, CO 80200 Attorney@Attorney.com
ΔCourt Use OnlyΔ Case #: 20 JV 81 Team Two
MOTION TO PROCEED IN FORMA PAUPERIS AND TO OBTAIN AN FREE TRANSCRIPT AND AVOID COSTS OF COPYING RECORD.
Respondent Ally O., through her counsel, Philip Robert James, requests that she be allowed to proceed in her appeal in forma pauperis, and obtain an extra free transcript, and as grounds therefor, states as follows: 1. Respondent’s attorney was appointed for respondent on or after March 13, 2000, in this matter, and respondent is indigent. 2. A transcript of the Termination Hearing has been designated by respondent in the Designation of Record and is necessary in the appeal. See CRS 19-3-609(2). 3. There are four or more parties to this action, all of whom may participate in the appeal and need a transcript. D&N appeals are accelerated by law. Counsel will have to share available transcripts during short briefing periods with a limited ability to extend the time. WHEREFORE respondent prays this court order that one transcript and one copy be prepared at state expense. Dated this Thursday, April 03, 1999. Respectfully Submitted,
_______________________ Attorney CERTIFICATE OF SERVICE I hereby certify that on this Thursday, April 03, 1999 true and correct copies of the foregoing Motion were placed in the United States mail, postage pre-paid and addressed: _______________________
Juvenile Court, Denver County, Colorado 1437 Bannock St. Denver, CO 80202 In the Interest of: Fred Optenstern, et. al. Children, Upon the Petition of DDHS, and concerning: Ally Optenstern, et. al. Respondent.
ΔCourt Use OnlyΔ Case #: 20 JV 81 Team Two
ORDER TO PROCEED IN FORMA PAUPERIS AND TO OBTAIN A FREE TRANSCRIPT AND AVOID COSTS OF COPYING RECORD.
THIS COURT having read the Motion of Respondent Ally O., and being fully advised in the premises therein, ORDERS THEREFORE that respondent is permitted to proceed in forma pauperis and the reporter shall prepare a transcript of the Termination Hearing, and one copy, without cost to respondent and the Record on Appeal shall be prepared by the clerk and transmitted without cost to Respondent.
Dated this _______________.
_______________________ Juvenile Court Judge