in Interest of A.M

Summary

The Supreme Court of Colorado reversed a divided court of appeals panel that had barred termination of parental rights because permanent custody with the child's aunt was a 'less drastic alternative' that would adequately meet the child's needs. The court held that the best interests of the child—not a mere adequacy standard—governs the consideration and elimination of less drastic alternatives, so a trial court that finds termination serves the child's best interests must reject the alternative and order termination. It further held that due process neither requires express findings on less drastic alternatives nor is offended by the best interests standard, and that the panel substituted its judgment for the trial court's record-supported factual findings.