187 Conn. App. 801
Conn. App. Ct.2019Background
- Juvenile matter: Commissioner of Children and Families petitioned to terminate parental rights to minor Angelina M.; trial court (Driscoll, J.) terminated both parents; father defaulted and did not appeal.
- Respondent mother (self-represented) appealed the termination of her parental rights.
- Trial court found statutory ground under Conn. Gen. Stat. § 17a-112(j)(3)(B) (failure to achieve rehabilitation); petitioner also proved § 17a-112(j)(3)(E) based on a prior termination of parental rights to another child.
- The court made detailed findings under the seven best-interest factors in § 17a-112(k): child had no attachment to mother, was fully attached to foster parents, ongoing contact with mother would be detrimental, and mother could not provide a stable, nurturing home.
- Evidence included testimony from the mother’s therapist, her parenting/visitation provider, and a clinical/forensic psychologist; the court concluded the mother had not made effective rehabilitative progress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent failed to achieve statutory personal rehabilitation (§ 17a-112(j)(3)(B)) | Petitioner: evidence shows mother did not rehabilitate; termination proper. | Mother: she achieved sufficient rehabilitation and court misapplied statutory standards. | Court: affirmed; cumulative evidence shows failure to rehabilitate within a reasonable time frame. |
| Whether termination was in child's best interest (§ 17a-112(k) factors) | Petitioner: termination serves child’s stability and welfare; foster attachment strong. | Mother: termination not in child’s best interest. | Court: affirmed; specific findings—no attachment to mother, harm from continued contact, inability to provide permanent, nurturing home—are supported and not clearly erroneous. |
Key Cases Cited
- In re Shane M., 318 Conn. 569, 122 A.3d 1247 (discussion of evidentiary standard and review of termination decisions)
- In re Brayden E.-H., 309 Conn. 642, 72 A.3d 1083 (standard for best-interest determination in termination appeals)
- In re Elijah G.-R., 167 Conn. App. 1, 142 A.3d 482 (appellate review: clearly erroneous standard and weighing of record evidence)