PUBLIC NOTICE

DISTRICT COURT

CHAFFEE COUNTY, COLORADO

142 Crestone St.,

Salida, Colorado 81201

719-539-2561

THE PEOPLE OF THE STATE OF COLORADO IN THE INTEREST OF:

Children:  T. L,; S, H.;

And Concerning:

Respondents: Sabrina Leibseit, Mother; Christian Barbone, Father of T.L.; Byron Harrington, Father of S.H.;

Miles W. Cottom, #46836

Attorney for Chaffee County Department of Human Services

P.O. Box 699, Salida, CO  81201

(719) 221-3475 (phone)

mcottom@chaffeecounty.org

Case Number:  21JV35

Division:

ALIAS SUMMONS

TO: Alleged Father of T.L. Christian Barbone

You are hereby notified that a Verified Petition in Dependency and Neglect of the above-named children has been filed in the above-named Court in which it is represented to the Court that the children, T.L. (D.O.B. 05/19/2009) and S.H. (D.O.B. 07/25/2011) are dependent or neglected for the reasons set forth more fully in said Petition, the original of which is on file in the above Court and copies of which will be made available to you upon request during normal business hours at the office of the Clerk of the District Court in Chaffee County.

You are further notified that TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP IS A POSSIBLE REMEDY AVAILABLE IF THIS AMENDED PETITION ALLEGING THAT THE CHILD/REN   IS/ARE DEPENDENT OR NEGLECTED IS SUSTAINED.  A SEPARATE HEARING MUST BE HELD BEFORE SUCH TERMIATION IS ORDERED.  TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP MEANS THAT THE CHILD/REN WHO IS/ARE SUBJECT TO THIS AMENDED PETITION WOULD BE ELIGIBLE FOR ADOPTION.

You are further notified that the Court has set said Petition for hearing on the 18th day of January, 2022, at the hour of 10:00 a.m., in the Chaffee County District Court, in Salida, Colorado.

Pursuant to Rule 4.1 of the Colorado Rules of Juvenile Procedure, a responsive pleading is not required, although you may file one, if you so desire, nor is it necessary for you to deny any allegations of the Amended Petition, except jurisdictional matters of age and residence of the child which shall be deemed admitted unless specifically denied.

You are further informed that if you choose to appear at the hearing at the time and place hereinabove stated, you shall be fully advised by the Court of your constitutional and legal rights pursuant to C.R.S. 19-3-202, as amended. You may demand a trial by jury of not more than six.  Unless a jury is demanded, it shall be deemed to be waived. You have the right to be represented by counsel at every stage of the proceedings. If you request representation by an attorney and you are found to be without financial means to afford an attorney, an attorney will be appointed for you by the Court.

You are further advised that, if the court finds that the allegations in the Amended Petition are supported by the necessary standards of proof, the Court shall hold a dispositional hearing, but that in a proper case, providing prior notice thereof is given to you, and, you are now so advised, the dispositional hearing may be had co-extensively with the adjudicatory hearing.

If you fail to enter your appearance, or if you fail to deny jurisdictional matters, if any, as permitted by law, the above matter, and any other related matters that may come before the Court will be decided without further notice to you.

Furthermore, you have the following additional rights:

1) The right to subpoena witnesses;

2) The right to know the nature of the allegations contained in the Petition;

3) Any admission on your part must be voluntary;

4) If you admit the allegations of the Petition, the Court is not bound by any promises or representations made by anyone about the dispositional alternatives by the Court;

5) The Court may appoint an attorney as a Guardian ad Litem to represent the interest of the child/ren.

6) The right to present evidence;

7) The right to cross examine witnesses;

8) The right to appeal;

9) In order for the Court to find the child to be neglected or dependent, it must be proven to a judge or jury by the preponderance of evidence;

10) In order to terminate the parent-child legal relationship, the Court would have to find at a separate hearing by clear and convincing evidence any of the following:

a) That the child has been adjudicated dependent and neglected and have been abandoned by their parent or parents.

b) That the child is adjudicated dependent or neglected, and the Court has found by clear and convincing evidence that no appropriate treatment plan can be devised to address the unfitness of the parent or parents.

c) That the child is adjudicated dependent or neglected and all of the following exist:

(I) That an appropriate treatment plan approved by the Court has not been reasonably complied with by the parent or parents or has not been successful;

(II) That the parent is unfit;

(III) That the conduct or condition of the parent or parents is unlikely to change within a reasonable amount of time;

WITNESS my hand and official seal of said Court this 6th day of January, 2022.

CLERK OF THE DISTRICT COURT

By: P. Love

Deputy                      SEAL

Published in The Chaffee County Times January 13, 2022

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