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188 Conn.App. 259
Conn. App. Ct.
2019
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Background

  • Bianca (removed at age ~4½) was in nonrelative foster care since March 2016 after prior removals for parental substance abuse, neglect, and incidents involving respondent’s partner James P., who has a documented history of domestic violence and substance abuse.
  • DCF previously returned Bianca to respondent in 2015 but removed her again in 2016 when drug use and noncompliance continued; the commissioner then petitioned to terminate parental rights (filed Aug 27, 2017).
  • The court found respondent completed many court-ordered services (drug treatment, parenting classes) but repeatedly maintained contact with James and concealed that contact from DCF.
  • Evidence included video of respondent and James together, photographs of a truck registered to respondent, a neighbor’s report, and an expert social/psychological assessment questioning respondent’s insight and credibility.
  • Trial court concluded respondent had not internalized the impact of domestic violence on herself and Bianca, and that continued contact with James posed a safety risk; it terminated respondent’s parental rights.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether respondent failed to achieve statutory personal rehabilitation under § 17a-112(j)(3)(B)(i) DCF: respondent’s continued relationship with James and lack of insight into domestic violence show failure to rehabilitate Respondent: completed sobriety, housing, income, parenting classes, and therapy — substantial progress on specific steps Held: Court reasonably found respondent failed to rehabilitate; cumulative evidence (contact with James, concealment, lack of insight) supported termination
Whether termination was in child’s best interest under § 17a-112(k) DCF: termination would provide Bianca a stable, safe, and consistent home, outweighing bond with mother Respondent: close mother–child bond makes termination not in Bianca’s best interest Held: Court’s findings on the seven statutory factors supported best-interest determination; bond alone did not preclude termination

Key Cases Cited

  • In re Mariana A., 181 Conn. App. 415 (Conn. App. 2018) (describes burden and structure of termination proceedings)
  • In re Lilyana P., 169 Conn. App. 708 (Conn. App. 2016) (rehabilitation must be assessed relative to child’s needs and foreseeability)
  • In re Natalie S., 325 Conn. 833 (Conn. 2017) (specific steps are benchmarks but courts are not strictly bound by them in rehabilitation analysis)
  • In re Elvin G., 310 Conn. 485 (Conn. 2013) (completion of specific steps does not guarantee avoidance of termination; courts may consider broader factors)
  • In re Jazmine B., 121 Conn. App. 376 (Conn. App. 2010) (courts may consider correction of original commitment factors even if not in specific steps)
  • State v. DeMarco, 311 Conn. 510 (Conn. 2014) (credibility determinations are for the trier of fact and not second-guessed on appeal)
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Case Details

Case Name: In re Bianca K.
Court Name: Connecticut Appellate Court
Date Published: Feb 26, 2019
Citations: 188 Conn.App. 259; 203 A.3d 1280; AC41819
Docket Number: AC41819
Court Abbreviation: Conn. App. Ct.
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