In Re Anvahnay S.
128 Conn. App. 186
| Conn. App. Ct. | 2011Background
- Department substantiated physical neglect of Anvahnay's mother following a 2007 domestic violence referral.
- Anvahnay was removed from the mother and placed in the department's care, with temporary custody granted in August 2008.
- Anvahnay was adjudicated neglected and committed to the department on February 24, 2009.
- The commissioner filed a petition to terminate parental rights of both parents on January 13, 2010.
- The respondent father was largely uninvolved, was a fugitive on escape status for a period, and was incarcerated most of the department's involvement.
- The trial court found the department's efforts to reunify were reasonable and that the father failed to achieve a sufficient degree of personal rehabilitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the department made reasonable reunification efforts or the parent was unwilling/unable to benefit. | The department showed reasonable reunification efforts. | The department failed to sufficiently contact or assist the father. | Department efforts deemed reasonable; father unable to benefit. |
| Whether the father achieved a sufficient degree of personal rehabilitation under 17a-112 (j)(3)(B). | Father failed to rehabilitate and cannot assume a parental role in reasonable time. | Father needed more time and access to services, especially during incarceration. | Father did not achieve sufficient personal rehabilitation. |
Key Cases Cited
- In re Jorden R., 293 Conn. 539 (2009) (department need prove either reunification efforts or lack of ability to benefit)
- In re Chevol G., 125 Conn.App. 618 (2010) (reasonableness standard for reunification efforts)
- In re Natalia G., 54 Conn.App. 800 (1999) (department not faulted for lack of direct contact when parent fails to notify)
- In re Juvenile Appeal (Docket No. 10155), 187 Conn. 431 (1982) (reasonable restraints and contact considerations in incarceration context)
- In re Rafael S., 125 Conn.App. 605 (2010) (two-phase termination review: adjudication and dispositional best interests)
- In re Jermaine S., 86 Conn.App. 819 (2005) (visitation through guardians can be reasonable reunification tactic)
- In re Stanley D., 61 Conn. App. 224 (2000) (historical perspective on personal rehabilitation; reasonable time varies by case)