In re C.H
In In re C.H., 166 P.3d 288 (Colo. App. 2007), the Colorado Court of Appeals noted that "because Colorado law provides no specific mechanism for challenging the effectiveness of counsel in a termination case, a parent must employ one of the general procedures available in civil cases, such as direct appeal." Id. at 291.
The Colorado Court of Appeals recognized that "certain problems may arise if an ineffective assistance claim is presented for the first time on direct appeal." Id.
The principal difficulty is the record on appeal "may not contain sufficient information to enable the appellate court to resolve the parent's contentions." Id.
The Colorado Court concluded, "When the record is insufficient, appellate courts generally remand the case to the trial court for further findings and conclusions." Id.
The Court cautioned, however, that the matter should only be remanded if the "parent's allegations are sufficiently specific and compelling to constitute a prima facie showing of ineffective assistance of counsel." Id.