The Denver Post

Veteran lost rights to her children through a rarely scrutinize­d legal loophole.

- By Elise Schmelzer

When Ashley checked herself into a homeless shelter for female veterans, she had the well-being of her two young children in mind.

Her symptoms from posttrauma­tic stress disorder had become unmanageab­le. For years, she had been able to suppress the trauma from her 17month deployment to Afghanista­n with the U.S. Army, as well as the sexual assault she said she suffered at the hands of two men in her unit. But trauma, in time, always boils over.

She wanted to get treatment so she could stay a good mother for her children. She didn’t expect that her time away meant she would lose her parental rights through a section of Colorado law that affords parents few legal protection­s.

If Ashley had abused or neglected her children while they were in her care, she would have had access to a bevy of state resources: a caseworker, a treatment plan to resolve the problems involved and reunite the family, and a free, courtappoi­nted attorney for parents who can’t afford to pay. But because the new partners of her children’s fathers filed stepparent adoption claims, Ashley had nothing.

It’s a loophole that exists only in cases where stepparent­s make custody claims.

That discrepanc­y is what Ashley’s attorney, Katayoun Donnelly, hopes the Colorado Supreme Court will address. Donnelly filed a petition to the state’s highest court July 5 asking them to decide: Should Ashley, and other parents like her, have an appointed attorney when their parental rights are at stake? Is it unconstitu­tional that Colorado’s laws give so many protection­s to parents accused of mistreatme­nt and not to those facing stepparent adoptions, even though both types of cases can lead to the same penalty?

Donnelly said the terminatio­n of parental rights should be considered the equivalent of the death penalty in civil law. It changes lives forever.

“We’re dealing with the oldest, most fundamenta­l right,” Donnelly said. “What is more important than that fundamenta­l relationsh­ip? It shapes you, makes you who you are.”

The Denver Post agreed not to use Ashley’s real name because she is a victim of sexual assault and to protect the privacy of the two minor children involved in the case. Her story is supported through court documents reviewed by The Post.

Stepparent adoption proceeding­s are a sliver of a large swath of civil cases in Colorado in which participan­ts are not afforded a right to a publiclyfu­nded attorney. Although defendants in criminal cases have a right to a public defender, those who cannot afford a lawyer when facing life-altering consequenc­es, such as losing a home to foreclosur­e or a child through custody changes, in civil court are left to wade

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