167 Conn. App. 1
Conn. App. Ct.2016Background
- Mother (Deborah G.) left treatment, used crack during/after pregnancy; son Elijah adjudicated neglected and committed to DCF; placed with maternal aunt and uncle who sought to adopt.
- Court-ordered specific steps: substance-abuse treatment, counseling, adequate housing/income, ends contact with child’s father, supervised visitation, etc.; mother had sporadic compliance (claimed sobriety, employment, but inconsistent counseling and ongoing contact with father).
- DCF filed to terminate parental rights under §17a-112(j)(3)(B) for failure to achieve rehabilitation; five-day trial occurred May–June 2015 with respondent testifying; court issued decision terminating parental rights and appointed DCF to secure adoption.
- After trial, Connecticut Supreme Court decided In re Yasiel R., requiring a pretrial canvass of respondents about rights; trial court conducted the Yasiel canvass post-trial but before issuing decision and colloquied at length with mother and counsel.
- Trial court found (1) DCF made reasonable reunification efforts (alternatively), (2) mother was unable/unwilling to benefit from reunification, and (3) termination was in Elijah’s best interest due to his strong emotional bond with foster parents, his distress with mother, need for permanency, and mother’s failure to rehabilitate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of In re Yasiel R. canvass | Court must have canvassed mother before trial; post-trial canvass requires automatic reversal | Supervisory rule should not be applied retroactively; if applied, post-trial canvass is subject to harmless-error analysis | A post-trial-but-predecision canvass did not require reversal here; no prejudice shown (followed In re Leilah W.) |
| Whether DCF made reasonable reunification efforts (adjudicatory) | Mother: DCF failed to provide appropriate visitation environment (visitation room caused child's distress) | DCF: offered varied services/venues and restrictions were justified by mother’s conduct (safety, ongoing contact with father) | Finding that DCF made reasonable efforts stands, but claim is moot because trial court alternatively found mother unable/unwilling to benefit and that alternative finding was not adequately challenged |
| Best‑interest determination under §17a‑112(k) | Mother: court overweighted child’s wishes and ignored visitation environment problems; foster family impeded relationship | DCF: child is bonded to foster parents, distressed by visits with mother, needs stability and permanency; mother failed to rehabilitate | Affirmed: court’s best‑interest finding supported by clear and convincing evidence (emotional ties to foster parents, distress with mother, permanency needs, mother’s poor compliance) |
| Mootness / adequacy of appellate briefing | Mother: challenges reasonable-efforts finding | DCF: mother failed to adequately brief or challenge the alternative finding that she couldn’t benefit from reunification | Held moot: because trial court made alternative finding (mother unable/unwilling to benefit) and mother failed to meaningfully challenge it, no practical relief could follow |
Key Cases Cited
- In re Yasiel R., 317 Conn. 773, 120 A.3d 1188 (Conn. 2015) (supervisory rule requiring brief pretrial canvass of parents in termination proceedings)
- In re Jorden R., 293 Conn. 539, 979 A.2d 469 (Conn. 2009) (§17a‑112(j)(1) permits alternative findings: either DCF made reasonable efforts or parent unable/unwilling to benefit)
- In re Davonta V., 285 Conn. 483, 940 A.2d 733 (Conn. 2008) (two‑phase structure of termination hearings and standard of review for best‑interest findings)
- In re Nevaeh W., 317 Conn. 723, 120 A.3d 1177 (Conn. 2015) (§17a‑112(k) factors guide best‑interest analysis; deference to trial court on emotional ties to foster family)
- In re Shane M., 318 Conn. 569, 122 A.3d 1247 (Conn. 2015) (standards for reviewing evidentiary sufficiency and subordinate factual findings)