146 Conn. App. 468
Conn. App. Ct.2013Background
- DCF involvement with mother since 2002 due to mother's prior child’s removal
- Children Joseph, Jr. and Daniel born in 2006; ex parte custody orders followed by neglect petitions
- First neglect trial in 2007 resulted in adjudications of neglect and placement with the commissioner
- Petitions to terminate parental rights filed; trial court granted termination; appellate reversal and Supreme Court affirmation remanding for new trial
- Supreme Court later held the trial court used improper standard for predictive neglect and remanded; ADA claims discussed but rejected
- Trial court conducted consolidated proceedings in 2012; both parents sought ADA-related relief and the court denied; neglect adjudications and termination granted thereafter
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports predictive neglect for both children | Father contends joint parenting precludes predictive neglect | Court found single parental unit and same predictive-neglect standard applies | Yes; evidence supports predictive neglect for both children |
| Whether the ADA claim affects the neglect adjudications | Mother argues ADA violations should undermine or affect adjudications | Supreme Court rejected ADA as defense; cannot defeat adjudications | ADA claim rejected; not a defense to neglect/adjudication |
| Whether adjudications of neglect were properly supported after remand | Mother disputes sufficiency of neglect proof | Record supports neglect under predictive neglect standard | Adjudications affirmed; supported by evidence |
| Whether termination of parental rights was proper given reunification efforts | Mother claims department failed to provide reasonable reunification efforts | Court may consider predictive-neglect findings regardless of independent attempts | Termination affirmed; reunification efforts discussed but not reversible under standard |
Key Cases Cited
- In re Joseph W., 305 Conn. 633 (Conn. 2012) (ADA claims not a defense; improper predictive-neglect standard remanded for new trial)
- In re Joseph W., 305 Conn. 646-48 (Conn. 2012) (standard for predictive neglect; parent unit effectively treated as single unit when appropriate)
- In re Joseph W., 301 Conn. 245 (Conn. 2011) (remanded after Supreme Court reversal; adjudications opened/Necessity of proper standard)