midpage
188 Conn. App. 736
Conn. App. Ct.
2018
Read the full case

Background

  • Child (Avia), born March 31, 2016, was removed from parents after positive maternal drug tests at birth and a subsequent episode where mother drove intoxicated with the child; child remained in same foster home for >14 months at trial.
  • Mother (Agnieszka G.) has long history of severe substance abuse, mental-health issues, repeated relapses despite multiple inpatient and outpatient programs, several treatment discharges for noncompliance, refusal to submit to court-ordered hair tests, and exposure of children to domestic violence.
  • Father (Antonio M.) has extensive criminal and protective-order history, a prior TPR termination to another child, intermittent contact with Avia, domestic-violence episodes (including convictions), incarceration, limited engagement with referred services, and a default was entered when he failed to appear at trial.
  • DCF provided repeated referrals and services (inpatient mother-child programs, IOPs, domestic-violence programs, housing assistance, visitation) and the court found DCF made reasonable efforts to locate and reunify the parents as of the adjudicatory date.
  • Statutory grounds alleged: failure to rehabilitate under Conn. Gen. Stat. § 17a-112(j)(3)(B)(i) (both parents) and neglect of a child under seven plus prior TPR for another child under § 17a-112(j)(3)(E) (father). Trial court found both statutory grounds satisfied by clear and convincing evidence.
  • Disposition: termination of parental rights for both parents; DCF appointed statutory parent for adoption; court found termination is in Avia’s best interest due to need for safety, stability, and permanency.

Issues

Issue Plaintiff's Argument (Commissioner) Defendant's Argument (Parents) Held
Whether DCF made reasonable efforts to locate and reunify DCF identified barriers, repeatedly referred parents to suitable services, offered visitation, and pursued outreach—efforts were reasonable Parents argued DCF failed to offer adequate mother-daughter inpatient placement at the necessary times Court: DCF made reasonable efforts to locate and reunify both parents as of the adjudicatory date; additional referrals would not have been reasonable given mother’s refusals and relapses
Whether prior adjudication + specific steps were provided (§ 17a-112(j)(3)(B)(i)) Avia had prior neglect adjudication and parents were given and signed specific steps; they failed to rehabilitate Parents contest sufficiency of services or argue changed circumstances post-petition Court: requirement satisfied—prior neglect and provision of specific steps proved; parents failed to achieve required rehabilitation
Whether predictive neglect and prior TPR support termination of father (§ 17a-112(j)(3)(E)) Father had prior TPR to another child, and predictive neglect showed he would expose Avia to injurious conditions (violence, instability) Father argued improved conduct or insufficient proof of predictive neglect Court: father’s prior TPR proved; predictive neglect established by clear and convincing evidence due to ongoing violence, instability, and lack of rehabilitation
Whether termination is in the child’s best interest Termination advances Avia’s need for safety, stability, permanency given parents’ substance abuse, domestic violence, inconsistent engagement Parents argued ongoing bond and some parental visits/support services show potential for reunification Court: termination is in Avia’s best interest given young age, need for vigilant caregiver, parents’ inability to provide safe, stable, permanent home in foreseeable time

Key Cases Cited

  • In re Yasiel R., 317 Conn. 773 (Conn. 2015) (procedural advisals and parental rights standards cited for In re notices)
  • In re Elvin G., 310 Conn. 485 (Conn. 2013) (requirement that specific steps be provided for § 17a-112(B)(i) analyses)
  • In re Oreoluwa O., 321 Conn. 523 (Conn. 2016) (circumstances when courts may consider events after petition filing for reasonable-efforts analysis)
  • In re Joseph W., 305 Conn. 633 (Conn. 2012) (doctrine of predictive neglect explained)
  • In re Eden F., 250 Conn. 674 (Conn. 1999) (definition and purpose of personal rehabilitation under § 17a-112)
  • Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (clear-and-convincing proof requirement in TPR cases)
  • In re Davonta V., 285 Conn. 483 (Conn. 2008) (importance of permanency and stable caregivers in best-interest analysis)
Read the full case

Case Details

Case Name: In Re Avia M.
Court Name: Connecticut Appellate Court
Date Published: Apr 3, 2018
Citations: 188 Conn. App. 736; 205 A.3d 764; AC41709 Appendix
Docket Number: AC41709 Appendix
Court Abbreviation: Conn. App. Ct.
Log In