138 Conn. App. 639
Conn. App. Ct.2012Background
- In April 2011, the Commissioner filed petitions to terminate Eric B.’s parental rights to Aziza (b. 2003), Jazira (b. 2005), and Kifayeh (b. 2006) for failure to achieve positive rehabilitation.
- The petition alleged reasonable reunification efforts had been made and that Eric B. was unable or unwilling to benefit from reunification since neglect findings dating to 2006.
- The children were under protective supervision since 2006 and were committed to the petitioner in 2009; specific steps for reunification were ordered on September 28, 2010; a motion to transfer guardianship to Lisa B.-J. was filed July 28, 2011.
- Trial occurred November 4, 7, and 17, 2011; the court terminated parental rights on January 6, 2012 after finding failure to rehabilitate and denying Lisa B.-J.’s guardianship transfer.
- Eric B. has a lengthy history with Stacey S. (the mother), including domestic violence and substance-abuse issues; he tested positive for cocaine in 2011 and has avoided consistent testing.
- The court found the department had made reasonable reunification efforts, but Eric B. repeatedly refused or failed to participate in programs, treatment, and testing; the children live in a bonded foster home with sisters who are willing to adopt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recusal request preservation | Eric B. asserts judicial bias via lack of recusal. | Court denied recusal and should be reviewed for bias. | Claim not reviewable; failure to preserve and to seek recusal at trial bars appellate review. |
| Independent best-interests analysis | Court copied best-interest analysis from other cases, lacking independence. | Court considered evidence and the best interests supported termination. | Court’s analysis, read in full, supports termination; no independent-analysis requirement violated. |
| Best interests and credibility weighing | Court did not weigh the children’s wishes and the parents’ bond properly. | Court weighed evidence, including bonds with foster parents and siblings, and reached a proper result. | Termination supported by clear and convincing evidence; court properly weighed evidence and bonds. |
| Motion to transfer guardianship to Lisa B.-J. | Transfer to Lisa B.-J. would better serve permanency for the children. | Lisa B.-J. could not provide a stable, perman ent home; guardianship should be to her for reunification. | Court did not abuse its discretion; transfer denied; guardianship remained with foster-siblings’ care as best for permanency. |
Key Cases Cited
- In re Rafael S., 125 Conn. App. 605 (2010) (admonishes weighing rehabilitation in light of child’s age and needs)
- In re Anvahnay S., 128 Conn. App. 186 (2011) (rehabilitation assessment focused on ability to care for children’s needs)
- In re Sarah Ann K., 57 Conn. App. 441 (2000) (rehabilitation analysis tied to child’s needs, not parent’s general life)
- In re Halle T., 96 Conn. App. 815 (2006) (evidence standard for termination; critical to assess remaining time)
- In re Ellis V., 120 Conn. App. 523 (2010) (parent’s risks to child when access to other parent is issue)
- In re Messiah S., 138 Conn. App. 606 (2012) (best-interests and permanency in related guardianship context)
- Wendt v. Wendt, 59 Conn. App. 666 (2000) (adverse rulings alone do not prove bias)
- Mafcote Industries, Inc. v. Gannicott Ltd., 60 Conn. App. 393 (2000) (integrates whole-record review principle)
- LPP Mortgage, Ltd. v. Lynch, 122 Conn. App. 686 (2010) (appeal standard: review of findings for clear error against entire record)