819 P.2d 1107 (Colo.App. 09/12/1991)

[1]	Colorado Court of Appeals
[2]	No. 90CA1700
[3]	819 P.2d 11079/12/1991 entitled to any notice of proceedings for the adoption of the child." (emphasis supplied) This provision, however, is consistent with § 19-1-122, and neither statute applies to termination proceedings. Hence, the entry of the termination order does not prevent mother from reviewing the record of those proceedings so as to determine whether grounds exist, either under C.R.C.P. 60(b) or by other means, to seek to have that order vacated. Indeed, in view of the fact that the termination order, although entered on a nunc pro tunc basis, was not entered until some months after the minor's death, a legitimate question respecting the court's jurisdiction to enter such an order may exist. Moreover, if it is the claim of the party seeking relief under C.R.C.P. 60(b) that the court lacked jurisdiction or that the judgment has resulted in denial of a constitutional right, such a motion may be presented at any time. Don J. Best Trust v. Cherry Creek National Bank, 792 P.2d 302 (Colo. App. 1990). The decision of this court in People in the Interest of B.U. (Colo. App. No. 87CA0113, April 14, 1988) (not selected for official publication) affirmed the termination of mother's parental rights with respect to two living children; it did not pass upon the propriety of the entry of the order respecting the mother's deceased child. Thus, the issue whether the trial court had jurisdiction or authority to enter an order terminating mother's parental relationship with her deceased daughter has never been decided. Further, mother has never sought to obtain a vacation of the termination order under C.R.C.P. 60(b), at least insofar as that order purports to affect her deceased child. Hence, the trial court incorrectly concluded that mother has exhausted all of her available remedies with respect to this subject. And, as a result, the court file continues to have significance to mother. Finally, the trial court's ruling that denied mother access to this court file seems inconsistent with its previous order granting such access to the defendants in the wrongful death action that mother was attempting to prosecute. We conclude, therefore, that the court erred in denying mother access to the court records that reflect the termination proceedings to which she was a party. Of course, to the extent that the present court record refers to any later adoption proceedings involving mother's other two children, mother should be denied access to those records. The order of the trial court is reversed, and the cause is remanded tot hat court with directions to allow mother full access to its records of the previous termination proceedings in accordance with the views contained herein. Disposition ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS

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