139 Conn. App. 239
Conn. App. Ct.2012Background
- DCF involvement since 2002 due to respondent’s substance abuse, mental health issues, and domestic violence.
- 2010 domestic violence incident with Judson F. led to protective order, though contact with Judson continued.
- April–May 2010: ex parte custody, then temporary custody transfer from maternal grandparents to petitioner and then to Brianna’s maternal uncle.
- October 22, 2010: Brianna adjudicated neglected and committed to petitioner with steps for respondent to comply.
- January 2011–March 2011: permanency plan review motion; court found termination plan in Brianna’s best interests.
- June 9, 2011: petition to terminate rights filed; after a 3-day trial, court terminated respondent’s rights by clear and convincing evidence; memorandum issued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and propriety of petition to terminate | Brianna’s prior neglect status justified termination petition. | Petition premature per policy manual and Brianna’s age. | Petition proper; no statutory age or custody-duration bar. |
| Discrimination and bias in judgment | Judgment biased by respondent’s disability/socioeconomic status. | Judgment free of bias; no specific record support. | Claim inadequately briefed; rejected for lack of analysis. |
| Admissibility of police case report (4-5) with arrest | Report improperly relied on and admitted to show bad acts. | No objection at trial; admissible under 4-5; influenced expert. | Not reviewed due to lack of preservation of objection. |
| Right to call witnesses and counsel access | Court denied guardian ad litem/witness recall to rebut testimony. | No meaningful denial; record shows no such refusal; proceedings proper. | Issue not reviewed for inadequate briefing. |
| Best interests—sufficiency of evidence | Undesirable parental conduct and failure to rehabilitate justify termination. | Brianna has strong bond with mother and risks losing family. | Disposition supported by detailed findings; termination in Brianna’s best interests. |
Key Cases Cited
- In re Rafael S., 125 Conn. App. 605 (2010) (guidance on seven-factor best-interests framework)
- In re Devon W., 124 Conn. App. 631 (2010) (overbreadth of best-interests factors; clear-error standard)
- Traylor v. State, 128 Conn. App. 182 (2011) (briefing requirements for issues on appeal)
- In re Anna Lee M., 104 Conn. App. 121 (2007) (evidentiary preservation and standard of review)
- Danzig v. PDPA, Inc., 125 Conn. App. 242 (2010) (motion to disqualify; preservation of issues)
- Mortgage Electronic Registration Systems, Inc. v. Book, 97 Conn. App. 822 (2006) (plain-error/discretionary-review considerations)