In Re Christopher L.
135 Conn. App. 232
| Conn. App. Ct. | 2012Background
- This is an appeal from a trial court's judgment terminating the respondent mother's parental rights to Christopher L.
- The Department of Children and Families had involvement with the family since 2006 after the mother’s intoxication offenses and related neglect findings.
- Christopher and the mother were at times reunified (most recently May 1, 2008) but the mother continued to have sobriety issues and new arrests (notably 2009 and 2010 incidents).
- In September 2010, the Department filed a coterminous petition to adjudicate neglect and terminate parental rights, checking a box for inability or unwillingness to benefit from reunification but not the box for reasonable efforts to reunify.
- The court later found that Christopher needed permanency and that the mother had failed to achieve sufficient personal rehabilitation, despite substantial services and periods of sobriety.
- The trial court terminated the mother's parental rights on July 5, 2011, concluding the Department had made reasonable efforts to reunify and that the mother had not achieved the required degree of rehabilitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice error invalidates termination | L. contends petition mis-stated reunification efforts and lacked notice | Department argues no error; correction sought and trial proceeded | No reversible error; no preserved objection |
| Whether the department made reasonable efforts to reunify | L. argues no adequate services addressing trauma and loss | Department offered extensive treatment, counseling, and supervised visits | Reasonable efforts supported by record |
| Whether the mother failed to achieve sufficient personal rehabilitation | L. asserts substantial rehabilitation and sobriety improvements | Mantell and others indicated high relapse risk and need for years of sobriety | Court did not err in finding insufficient rehabilitation |
Key Cases Cited
- In re Vincent B., 73 Conn.App. 637 (2002) (reunification efforts after prior treatment reviewed for reasonableness)
- In re Devon W., 124 Conn. App. 631 (2010) (reasonable efforts standard; not clearly erroneous)
- In re Melody L., 290 Conn. 131 (2009) (failure to refer may be lapse but not measure of reasonableness)
- In re Alexander T., 81 Conn. App. 668 (2004) (failure to refer does not automatically defeat reasonableness)
- In re Jordan T., 119 Conn. App. 748 (2010) (rehabilitation analysis requires historical child-related context)
- In re Anna Lee M., 104 Conn. App. 121 (2007) (trial not to be ambushed by new issues raised on appeal)