In Re Dylan C.
10 A.3d 100
Conn. App. Ct.2011Background
- D, born August 4, 2007, was neglected and placed in state custody; petition for termination of parental rights filed April 7, 2009.
- Respondent mother had a history of domestic violence with D's father and unstable housing; multiple protective orders were issued against the father.
- Birth-to-Three evaluations showed D had speech/motor delays and began services in Oct. 2009; respondent complied with some court-ordered steps but failed to secure stable housing.
- Respondent benefited from court-ordered evaluations and services, including counseling and parenting programs, but ongoing domestic violence and housing issues persisted.
- Trial court found, by clear and convincing evidence, that respondent failed to achieve personal rehabilitation so as to reasonably assure she could care for D in a reasonable time, and terminated her parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was supported by clear and convincing evidence | Petitioner contends respondent failed to achieve rehabilitation. | Respondent argues she made progress and could rehabilitate in time. | Termination affirmed; rehabilitation not shown to be substantial enough. |
| Whether respondent received ineffective assistance of counsel | Petitioner argues counsel's performance did not prejudice petitioner's case. | Respondent alleges ineffective assistance affected outcome. | No prejudice shown; claim fails. |
Key Cases Cited
- In re Katia M., 124 Conn.App. 650 (2010) (rehabilitation and time frame considerations in termination)
- In re Trevon G., 109 Conn.App. 782 (2008) (clear and convincing standard in rehab analysis)
- In re Amneris P., 66 Conn.App. 377 (2001) (need for reasonable time frame considering child's needs)
- In re Shyliesh H., 56 Conn.App. 167 (1999) (weight given to psychological testimony in termination)
- In re Davonta V., 285 Conn. 483 (2008) (two-phase framework: adjudicatory and dispositional; clear and convincing standard)
- In re Alexander V., 223 Conn. 557 (1992) (trial court as minister of justice; standards for termination proceedings)
- In re Jonathan M., 255 Conn. 208 (2001) (counsel effectiveness and habeas caveats in representation)
- In re Giovanni C., 120 Conn.App. 277 (2010) (rehabilitation and child's needs central to analysis)